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Personal Injury (Vehicular)
Solo Vehicle Accident
Dangerous Condition of Public Property

Jonathan Dunscomb v. County of Stanislaus

Published: Apr. 6, 1996 | Result Date: Mar. 1, 1996 | Filing Date: Jan. 1, 1900 |

Case number: 82373 –  $0

Judge

John G. Whiteside

Court

Stanislaus Superior


Attorneys

Plaintiff

Stephen Ringhoff


Defendant

Clinton P. Walker


Experts

Plaintiff

Laurence H. Neuman
(technical)

Defendant

John C. Murphy
(Murphy & Evertz LLP) (technical)

Mark Goldberg
(medical)

Facts

On March 25, 1993, the plaintiff, Jonathan Dunscomb, a 25-year-old owner of a carpet cleaning business, was traveling northbound on Central Avenue in Stanislaus County when he lost control of his van. The plaintiff alleged that the road was wet and caused his van to skid off the road and roll onto its side into a power pole. The plaintiff also alleged that the road had several large (300') patches of hardened asphalt that had bled through the chip seal. The plaintiff allegedly spoke to nearby resident who claimed that there had been four accidents at that location that year. The plaintiff brought this action against the defendant county based on negligence and dangerous condition theories of recovery.

Settlement Discussions

The plaintiff made a settlement demand for $50,000 which was reduced to $25,000 on the first day of trial. The defendant made a C.C.P. º998 offer of compromise for $10,000.

Specials in Evidence

$9,100 $18,000 $18,000

Damages

The plaintiff claimed $___________ in damages.

Injuries

The plaintiff alleged that he sustained neck and back injuries including a fractured vertebra, as a result of the accident.

Other Information

The verdict was reached approximately two years after the case was filed. A settlement conference was held on February 16, 1996, before Judge John E. Griffin of the Stanislaus Superior Court which did not resolve the matter.

Deliberation

2 hours

Poll

11-1

Length

5 days


#116429

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