Virginia Strong, et al. v. Ramon M. Villalobos and Automatic Appliance, Inc.
Published: Nov. 29, 1997 | Result Date: Sep. 3, 1997 | Filing Date: Jan. 1, 1900 |Case number: TV7456376 – $469,059
Judge
Court
Alameda Superior
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Kurt V. Miller M.D.
(medical)
Joanna Moss
(technical)
Kari Connelly
(medical)
Rodger A. Mann
(medical)
Facts
On Aug. 31, 1994, plaintiff Virginia Strong, a 42-year-old environmental consultant, was driving on Interstate 580 near Alameda when she was rear-ended by defendant driver Ramon Villalobos, who was in the course of his employment with defendant Automatic Appliance Inc. at the time of the accident. The plaintiffs, husband and wife, brought this action against defendants, the driver and his employer, based on negligence and loss of consortium theories of recovery. Plaintiff's workers' compensation insurance carrier intervened in the litigation and sought reimbursement of workers' compensation damages paid to plaintiff.
Settlement Discussions
The plaintiff made a C.C.P. º998 settlement demand for $299,000, exclusive of the workers' compensation lien. The defendants made an offer of $175,000. No separate offer was made by defendants to intervenor and no offers to purchase the intervenor's lien were made by defendants. The intervenor made a C.C.P. º998 offer of compromise to defendants for $46,745.09.
Specials in Evidence
$49,309 $26,250 $148,140 $20,360
Damages
The plaintiff husband claimed loss of consortium.
Injuries
The plaintiff wife claimed she suffered post-traumatic headaches and a broken ankle that might require further treatment.
Other Information
The verdict was reached approximately three years after the case was filed. An arbitration was held on September 18, 1995, before Marc P. Bouret, Esq., of Haims, Johnson, MacGowen & McInerney, resulting in an award of $125,000. The plaintiff requested a trial de novo. Prior to opening statements, plaintiff and defendant stipulated to the amount of payment by intervenor and that payments made by intervenor were reasonable and necessary. Based upon this stipulation, intervenor did not call any witnesses at trial. At the conclusion of the presentation of plaintiffs' and defendants' case in chief, intervenor moved for a directed verdict and the motion was granted. The plaintiff and intervenor each recovered their costs per C.C.P. º998, including interest on the judgment.
Deliberation
one day
Poll
12-0
Length
eight days
For reprint rights or to order a copy of your photo:
Email
jeremy@reprintpros.com
for prices.
Direct dial: 949-702-5390