Jimmy Rex Martin v. Imperial Irrigation District; Aztec Fence Company, et al.
Published: Apr. 6, 1996 | Result Date: Feb. 8, 1996 | Filing Date: Jan. 1, 1900 |Case number: 79050 – $115,000
Judge
Court
Imperial Superior
Attorneys
Plaintiff
Cindy A. Brand
(Law Office of Cindy A Brand)
Theresa M. Filicia
(Berding & Weil LLP)
Defendant
John T. Farmer
(Farmer, Case & Fedor)
Experts
Plaintiff
Joseph V. Crisci
(technical)
Richard Santore
(medical)
Richard D. Jones
(Jones Mayer)
(technical)
Roberta J. Spoon
(technical)
Defendant
Mark H. Mikulics
(medical)
Facts
On October 12, 1992, the plaintiff Jimmy Rex Martin, a 51-year-old electrician, was injured on the defendant's, Imperial Irrigation District's, job site where defendant, Aztec Fence Company ("Aztec Fence"), was putting up a fence. Aztec Fence dug fence post holes on the job site and failed to mark them with barricades or caution tape. The plaintiff fell into one of the holes and was injured. Imperial Irrigation District's supervisors saw the open holes before the plaintiff's injury occured but did not cover them. The plaintiff brought this action against the defendants based on negligence and premises liability theories of recovery.
Settlement Discussions
The plaintiff made a C.C.P. º998 settlement demand for $75,000 in May of 1995. Prior to that, the demand was in excess of $100,000 (per the defendant). The defendants made a C.C.P. º998 offer of compromise for $50,000 ten days before trial.
Specials in Evidence
$______ $6,076 $150,650 $38,000 (with a posibility of $45,000)
Injuries
The plaintiff alleged that he sustained injuries to his back and to his left knee requiring arthroscopic surgery and future knee replacement as a result of the accident.
Other Information
The verdict was reached approximately two years and four months after the case was filed. A settlement conference was held on January 19, 1996 before Hon. Kevin Midlan, retired of J.A.M.S./Endispute which failed to resolve the matter. The defendant filed a ntoice of intention to move for a new trial. A motion for new trial and appeal rights were waived by the defendant in exchange for a settlement of costs in the amount of $19,000 for a total recovery of $134,000.
Deliberation
4 hours
Poll
12-0 liability, 10-2 damages
Length
5 days
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