Patricia Ann Toy v. Subway 2691, et al.
Published: Sep. 14, 1996 | Result Date: Aug. 13, 1996 | Filing Date: Jan. 1, 1900 |Case number: 733637 – $16,565
Judge
Court
Orange Superior
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Francis M. Crinella
(medical)
Roger McWilliams
(technical)
J. Richard Mendius
(medical)
Defendant
Barry I. Ludwig M.D.
(medical)
Facts
On Aug. 2, 1993, plaintiff Patricia Ann Toy, a 48-year-old school teacher, was in defendant Subway Sandwich's parking lot when she was struck by a box on the right side of her forehead, knocking her glasses off. The plaintiff was hit by a box that was kicked by a Subway employee. The employee was removing boxes from the store. At the time it was kicked, the box was empty and weighed approximately one pound. The defendants admitted liability. The plaintiff brought this action against the defendants based on negligence theories of recovery.
Settlement Discussions
Per the defendants, the plaintiff made a settlement demand for $350,000. Per the plaintiff, the plaintiff made a settlement demand of $40,000 at a voluntary settlement conference. The defendants made a settlement offer of $50,000.
Specials in Evidence
$20,053 (per defendants) or $15,565 (per plaintiff) $120,000 $80,000 $70,000
Injuries
The plaintiff alleged that she suffered post traumatic stress disorder, requiring future psychological/physical therapy. The plaintiff also claimed the need for orthodontic treatment for TMJ problems.
Other Information
The verdict was reached approximately two years after the case was filed. A settlement conference was held on Aug. 2, 1996 before Judge Blandick, retired, of JAMS/Endispute. It did not resolve the matter.
Deliberation
2+ hours
Poll
11-1 (negligence), 9-3 (damages)
Length
5 days
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