Carlos Carillo v. Joseph Hakik, Michael Nikolov dba Little City Supply
Published: Nov. 15, 1997 | Result Date: Oct. 31, 1997 | Filing Date: Jan. 1, 1900 |Case number: 968490 – $10,388
Judge
Court
San Francisco Superior
Attorneys
Plaintiff
Thomas A. Paoli
(Paoli & Geerhart LLP)
Defendant
Michael J. Smith
(Carbone, Smoke, Smith, Bent & Leonard)
Experts
Plaintiff
D. Brian Heslip
(medical)
Gary M. Hesler
(technical)
Defendant
Anthony H. Jew
(medical)
Steven A. Velinsky
(technical)
Facts
Plaintiff Carlos Carillo, a 46-year-old Municipal Railway Superintendent, was involved in two separate auto accidents. The first accident occurred on April 7, 1994 at Montgomery and Post Streets in San Francisco. In that accident, defendant Joseph Hakik rear-ended plaintiff while in the course of his employment with defendant Little City Supply. On May 17, 1994, plaintiff was again rear-ended by defendant Timothy Curry at the intersection of Winton Ave and Southland Place in Hayward. The plaintiff brought this action against the defendants based on a negligence theory of recovery.
Settlement Discussions
The plaintiff made a settlement demand for $47,000 as to all defendants, lowered to $21,500. The defendant Hakik made a C.C.P. º998 offer of compromise for $5,500. Defendant Curry made a C.C.P. º998 offer of compromise for $4,500.
Specials in Evidence
$6,088.34 $15,000
Injuries
The plaintiff claimed cervical/thoracic strain and blurred vision.
Other Information
The verdict was reached approximately two years and six months after the case was filed. An arbitration was held on Jan. 31, 1996 before Stephen M. Murphy of Bianco & Murphy (San Francisco) resulting in an award of $21,500 against defendants Hakik and Nikolov and $4,500 against defendant Curry. Plaintiff requested a trial de novo. The City and County of San Francisco has a lien for $21,008.34.
Deliberation
one hour
Poll
9-3 (defendant Hakik); 12-0 (defendant Curry)
Length
five days
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