Janice Caprara v. Suarez Trucking
Published: Nov. 29, 1997 | Result Date: Jul. 10, 1997 | Filing Date: Jan. 1, 1900 |Case number: 103386 – $0
Judge
Court
Monterey Superior
Attorneys
Plaintiff
Defendant
Paul W. Breen
(Hoge Fenton Jones & Appel)
Experts
Plaintiff
T.D. Englehorn Jr.
(medical)
David M. Yoshida M.D.
(technical)
Defendant
Edwin J. Kingsley
(medical)
Milton H Bank II
(technical)
Facts
On May 20, 1994, plaintiff Janice Caprara, a 49-year-old, bookkeeper, was traveling southbound on Abbott Street in Salinas. Defendant Suarez Trucking's tractor-trailer attempted to make a left turn onto northbound Abbott Street when plaintiff's car hit the rear of defendant's trailer. The plaintiff brought this action against the defendant based on a negligence theory of recovery.
Settlement Discussions
The plaintiff made a C.C.P. º998 settlement demand for $250,000, reduced to $200,000 at start of trial. The defendant made a C.C.P. º998 offer of compromise for $63,000, increased to $125,000 at start of trial.
Specials in Evidence
$29,000 $102,000 (disputed)
Damages
The plaintiff asked the jury for $450,000 to $900,000.
Injuries
The plaintiff alleged internal derangement of her right knee, explosion fracture of her right heel bone and a fractured left knee cap.
Other Information
The verdict was reached approximately one year and seven months after the case was filed. Plaintiff's motion for a new trial was granted. Defendant appealed and plaintiff filed a cross-appeal.
Deliberation
45 minutes
Poll
9-3
Length
four days
For reprint rights or to order a copy of your photo:
Email
jeremy@reprintpros.com
for prices.
Direct dial: 949-702-5390