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Personal Injury (Vehicular)
Product Liability
Air Bag

Garnett Lindsey v. Volvo Cars of North America, Inc.

Published: Apr. 27, 1996 | Result Date: Mar. 21, 1996 | Filing Date: Jan. 1, 1900 |

Case number: 743544 –  $0

Judge

H. Warren Siegel

Court

Orange Superior


Attorneys

Plaintiff

Marc Vincent


Defendant

Timothy X. Lane


Experts

Plaintiff

Emil Dionysian
(medical)

Greth Snyder
(technical)

Defendant

Carsten Hald
(technical)

Bengt Schultz
(technical)

Facts

On July 29, 1994, the plaintiff, Garnett Lindsey, a 45-year-old data processor, was operating a 1992 Volvo 960 eastbound on Talbert Street when a vehicle operated by Bogumilla Strykowski attempted to cross in front of her. As a result, the plaintiff's vehicle struck the vehicle operated by Strykowski on the left side. Both vehicles were a total loss. The plaintiff's airbag deployed. The plaintiff was transported by paramedics to a hospital where she was examined in the emergency room and treated for a left wrist fracture, a cervical spine injury, a left rib injury, a right knee injury and a left shoulder injury. She then went to another hospital because of the continuing complaints regarding her left hand. She had arthroscopic surgery and a scapho-lunate ligament repair with pins placed in her left wrist. The plaintiff was hospitalized for five days because of the pain. The plaintiff claimed that she could not utilize her left hand to perform routine activities and could no longer work, sew, knit, perform archery or sail. The plaintiff brought this action against the defendant, Volvo Cars of North America, Inc., based on negligence, strict product liability and failure to warn theories of recovery

Settlement Discussions

The plaintiff made a C.C.P. º998 settlement demand for $100,000. The defendant made an offer of compromise for $2,000, which was withdrawn at time of trial.

Specials in Evidence

$13,500

Injuries

The plaintiff alleged that she sustained a left wrist scapho-lunate injury requiring surgery and 5 days of hospitalization and that she suffered continuing pain to her left wrist causing a lack of mobility, lack of sensation and an inability to function as the result of the accident.

Other Information

The verdict was reached approximately one year and one month after the case was filed. SETTLEMENT CONFERENCE: A settlement conference was held on December 8, 1995, before H. Warren Siegel without resolving the matter.

Deliberation

4 hours

Poll

11-1

Length

4 days


#113821

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