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Personal Injury (Vehicular)
Auto v. Truck
Left Turn Collision

Janice Caprara v. Suarez Trucking

Published: Nov. 29, 1997 | Result Date: Jul. 10, 1997 | Filing Date: Jan. 1, 1900 |

Case number: 103386 –  $0

Judge

John M. Phillips

Court

Monterey Superior


Attorneys

Plaintiff

Gregory S. McDougall


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


#112958

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