Donna Martinez v. Megan Houston
Published: Nov. 29, 1997 | Result Date: Oct. 17, 1997 | Filing Date: Jan. 1, 1900 |Case number: CV750070 – $0
Judge
Court
Santa Clara Superior
Attorneys
Plaintiff
Defendant
Christian B. Nielsen
(Office of the San Jose City Attorney)
Experts
Plaintiff
Joseph Giallo
(technical)
Thaddeus John Whalen
(technical)
David Resneck-Sannes
(medical)
J. William Visher
(medical)
Defendant
Tom Szabo
(technical)
David S. Burton
(medical)
Paul S.D. Berg
(medical)
Facts
On June 17, 1994, plaintiff Donna Martinez, a 31-year-old administrative assistant, was stopped at a stop light at the intersection of Camden Avenue and Montego in San Jose, Calif. She was driving a 1991 Mazda Miata. Helga Wuest was stopped behind plaintiff was in a Honda Prelude. Defendant Megan Houston was proceeding in a southerly direction along Camden Avenue, at a speed of approximately 45 mph and did not see the two vehicles stopped in front of her at the intersection. She applied her brakes, left approximately 60 feet of skid mark and struck the Wuest vehicle, knocking it into plaintiff's vehicle. The plaintiff brought this action against defendant based on a negligence theory of recovery.
Settlement Discussions
The plaintiff made a settlement demand for $500,000. The defendant made a C.C.P. º998 offer of compromise for $15,000, with an offer of $25,000 to settle.
Specials in Evidence
$19,635.34 $142,000 $600,000 to $800,000 $5,000
Damages
The plaintiff claimed $750,000 to $1 million in damages. Per defendant, the plaintiff asked the jury to award $600,000 to $800,000 or more, depending on how long they believed the plaintiff would be disabled. Defendant asked the jury for a defense verdict or an award of $5,000 to $10,000.
Injuries
The plaintiff claimed that as a result of striking her head on the headrest, she sustained a closed-head injury manifested by post-concussive syndrome and cognitive impairments. Plaintiff's expert, Joseph Giallo, M.D., concluded that plaintiff sustained a traumatic brain injury and was functioning at a mentally retarded level on certain subtests. Plaintiff also claimed soft tissue injuries and an undifferentiated connective tissue disorder. She was not able to return to work since the accident due to her cognitive deficits.
Other Information
The verdict was reached approximately two years and four months after the case was filed. An arbitration was held in January 1997, before Robert Pasquinelli resulting in an award of $21,000, which was rejected by the plaintiff. A motion for new trial has been filed but not heard at the time of publication. Defendant filed a cost bill of $24,000. EXPERT TESTIMONY: Defense expert, Dr. Burton, testified that based on his review of the plaintiff's medical records, the only injury she sustained was a soft-tissue injury which should have resolved within six to eight weeks of the date of the collision. Defense expert, Dr. Berg, testified that on the basis of the review of the plaintiff's medical records, plaintiff did not suffer any cognitive loss or psychological injury as a result of the accident. Defendant's biomechanist expert testified that the forces involved in this accident were sufficient to cause injury but were not sufficient to cause brain injury to the plaintiff.
Deliberation
45 minutes
Length
eight days
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