Deborah Geiger; Vernon Geiger and Linda Fessey v. Deputy James Matthew Gillen
Published: Apr. 25, 1998 | Result Date: Oct. 20, 1997 | Filing Date: Jan. 1, 1900 |Case number: 769950 Verdict – $0
Judge
Court
Orange Superior
Attorneys
Plaintiff
Defendant
Daniel R. Sullivan
(Sullivan Ballog & Williams LLP)
Experts
Plaintiff
Catherine M. Graves MBA
(technical)
James Malner
(technical)
Gerry Aster
(medical)
Douglas E. Harrington
(medical)
Gordon Globus
(medical)
Michael J. Kamper
(medical)
Sara J. Guentz
(medical)
Joseph C. Wu
(medical)
C. Phillip O'Carroll M.D.
(medical)
Defendant
Edward L. Workman
(technical)
Scott Haldeman
(medical)
Arnold D. Purisch M.D.
(medical)
William M. Otto
(technical)
Facts
On June 18, 1995, plaintiff Linda Fessey, a 37-year-old bowling alley employee was operating a van eastbound on Bradbury Street. Her passenger, plaintiff Deborah Geiger, a 39-year-old clerk, was seated in the front passenger seat. The plaintiff driver stopped for a red signal at the intersection. After the light had reportedly turned green, the plaintiff driver accelerated into the intersection where her van was struck on the driver's side by a sheriff's vehicle operated by defendant deputy sheriff James Matthew Gillen. The defendant was traveling in a squad car southbound in the No. 2 lane of three southbound lanes on Los Alamitos Boulevard near its intersection with Bradbury Street in the city of Los Alamitos. The defendant was responding to a request for backup from a fellow deputy, but was proceeding without overhead lights or siren. As a result of the impact, the plaintiffs' van spun in a clockwise direction, rolled and came to a rest in the southbound No. 2 lane. The defendant's vehicle veered into the northbound lanes and struck a third vehicle that had come to a stop in the No. 1 northbound lane. A passenger in the third vehicle testified that the defendant had run the red light. The investigating highway patrol officer attributed the primary collision factor to be defendant's failure to stop for a red light. The plaintiffs brought this action against the defendant based on negligence and loss of consortium theories of recovery.
Settlement Discussions
Plaintiff Deborah Geiger made a C.C.P. º998 settlement demand for $2.8 million. Plaintiff Vernon Geiger demanded $350,000 and plaintiff Linda Fessey demanded $850,000. The defendant made a C.C.P. º998 offer of compromise for $850,000 (combined) with indication of $1 million. At the settlement conference, the plaintiffs made a joint demand of $2 million. Per the plaintiff, no statutory offer was ever made by the defendant. Also per the plaintiff, the county of Orange refused to go to a voluntary settlement conference though it was requested for six months prior to trial.
Specials in Evidence
approx. $200,000 (Deborah Geiger); approx. $100,000 (Linda Fessey). Most of the medicals were paid through health plans and were reimbursable.
Injuries
The plaintiffs alleged massive injuries to both plaintiff Linda Fessey and Deborah Geiger including head injuries causing brain damage and numerous other injuries. Vernon Geiger claimed loss of consortium only.
Other Information
Per the plaintiff, the jury found the Orange County sheriff negligent as he admitted he was speeding and not paying good attention, but they found that Linda Fessey ran the red light despite the fact that all the experts agreed she was doing between 10 to 15 mph at the time of the accident and had been stopped. POST TRIAL MOTIONS: The plaintiff's motion for a new trial was denied.
Deliberation
3½ hours
Poll
10-2
Length
five days
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