Soon Hee Lim, individualy and as successor in interest on behalf of Jong Lim, deceased, et al. v. Harris Ranch dba Harris Ranch Beef Co., et al.
Published: Sep. 6, 2001 | Result Date: Mar. 29, 2001 | Filing Date: Jan. 1, 1900 |Case number: 311238 Verdict – $0
Judge
Court
San Francisco Superior
Attorneys
Plaintiff
Richard Alexander
(Alexander Law Group LLP)
Defendant
Experts
Plaintiff
Lucien L. Trigiano
(medical)
Bahram Ravani
(technical)
Richard T. Mason
(medical)
Defendant
Robert B. Post Ph.D.
(technical)
David M. Yoshida M.D.
(technical)
Alex B. Barchuk M.D., C.L.C.P.
(medical)
Facts
On March 22, 2000, the decedent, a 76-year-old man with a prosthetic leg who walked with a cane, was struck
and killed in the middle of a crosswalk by a Harris Ranch Beef Co. freight liner cab over truck while
attempting to cross 5th Avenue at Geary Boulevard in San Francisco. Rafael Carranza Cerda, the employee
driver of the truck, did not know he had struck the decedent as he proceeded through the intersection crushing
the decedentÆs chest and dragging the body 25 feet into Geary Boulevard. The decedent was killed four days
before his 77th birthday and one week before his 50th wedding anniversary. There were two eyewitnesses to
the accident.
PlaintiffÆs witness, Erica Ellis, testified that the decedent was walking from the driverÆs left to his right
(meaning that the driver should have seen the decedent crossing in the empty lane of traffic). As the truck
began moving forward, she saw the decedent raise his cane and wave it over his head in a futile attempt to get
the attention of the driver.
DefendantÆs witness, another truck driver, Juan Marquez, testified that he was stopped at
a red light on Geary Boulevard and saw the decedent walking in the opposite direction from the
driverÆs right to left. There was an admitted 6+ foot blind spot on the right passenger side and a
3+ foot blind spot in front of the truck.
Settlement Discussions
A week before trial, at the mandatory settlement conference, the plaintiff demanded $1.4 million. The defendant made a C.C.P. Section 998 offer of $520,000.
Deliberation
one hour and 15 minutes
Poll
10-2
Length
two weeks
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