Ingrid Covarrubias v. J.D. Heiskell and Company, et al.
Published: Sep. 12, 1998 | Result Date: Aug. 10, 1998 | Filing Date: Jan. 1, 1900 |Case number: 96C2406 Verdict – $0
Judge
Court
Kings Superior
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
John K. McKissock
(medical)
Cynthia Ann Telles
(medical)
Defendant
Kevin Schellenberg
(medical)
Rebecca Stickler
(medical)
Facts
On Oct. 4, 1995, plaintiff, a 6-year-old girl, was riding home from school, when the school bus that she was riding in was rear-ended by an 18-wheeler tractor trailer operated by defendants. Plaintiff, then in the first grade, suffered a serious abdominal injury as a result of the collision and required two surgeries and hospitalization for 31 days. Plaintiff's injury, an avulsion of the ampulla vater duct, caused her abdomen to fill with bile and required an emergency surgery by Rebecca Stickler, M.D. Dr. Stickler testified that, if she had not performed surgery on the little girl, the girl would have died. Approximately two weeks after the initial surgery, a subsequent surgery was required because of an abscess that had developed from the injury. Dr. Stickler testified at trial that the outcome of both surgeries was very good given the severe nature of the injury. Dr. Stickler also testified that, while she did not believe future medical complications would arise from the injury, there was always the possibility of a stricture and complications in the future. Dr. Strickler testified that she believed the plaintiff would have no future problems but that those could not be ruled out entirely. The plaintiff contended that as result of the surgeries and medical procedures, she now has a disfiguring scar on her back side and a significant scar running vertically from her abdomen up past her navel. Plaintiff's plastic surgeon testified that the scar could be improved but likely not eliminated and the cost of that procedure would be $3,180. Plaintiff's psychological expert testified that plaintiff suffered from post-traumatic stress disorder and estimated future psychological treatment at approximately $2,600. The defendants admitted liability for the accident. The plaintiff brought this action against the defendant based on a negligence theory of recovery.
Settlement Discussions
Defendants made a C.C.P. º998 offer of $175,000, which expired before trial. Defendants' offer on the date of trial was $150,000. Plaintiff made a C.C.P. º998 offer of $300,000 reduced to $250,000 in the two weeks before trial.
Damages
Defendants admitted that $63,344.66 represented the reasonable and necessary charges of plaintiff's past medical care caused by the accident. Future medical claimed was $3,180 for plastic surgery and $2,600 for psychological treatment.
Other Information
The verdict was reached approximately one year and 11 months after the case was filed.
Poll
9-3
Length
four days
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