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Personal Injury (Non-Vehicular)
Negligence
Respondeat Superior

Louis Hasson v. Southern California Auto Auction

Published: Aug. 31, 1996 | Result Date: Jul. 11, 1996 | Filing Date: Jan. 1, 1900 |

Case number: SCV25134 –  $54,200

Judge

Martin A. Hildreth

Court

San Bernardino Superior


Attorneys

Plaintiff

Joshua M. Merliss
(Law Offices of Joshua M. Merliss)


Defendant

Charles M. Farano


Experts

Plaintiff

Myles J. Cohen
(medical)

Facts

On Dec. 1, 1994, plaintiff Louis Hasson, a 74-year-old retired man, was on the premises of defendant Southern California Auto Auction to purchase a Ford 250 pick-up truck for resale at his son's automobile dealership in Riverside. While the auction process was occurring, a "hoodman" employed by the defendant raised the hood of the vehicle being sold so that the plaintiff could examine the motor. The plaintiff put his left hand on the right front fender near the engine of the pick-up truck to check to see if the engine was running smoothly. He turned to bid when the "hoodman" dropped the hood catching the plaintiff's little finger and ring fingers in the hood. The plaintiff brought this action against the defendant based on negligence and respondeat superior theories of recovery.

Settlement Discussions

The plaintiff made a C.C.P. º998 settlement demand for $39,999. The defendant made a C.C.P. º998 offer of compromise for $8,000.

Specials in Evidence

$1,820 $__________

Injuries

The plaintiff alleged he sustained nerve damage to his left finger, a ruptured ligament to his index finger and 45 percent loss of grip strength to his left hand.

Other Information

The verdict was reached approximately eight months after the case was filed. The jury found that the plaintiff was not contributorily or comparatively negligent.

Deliberation

+ day

Poll

varied

Length

4 days


#113932

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