Meryl Morris, The Estate of Joseph Baccelli v. 4C Building and Engineering, Della Eilene Russell, Necati Ergur, Ford Motor Company
Published: May 24, 2005 | Result Date: Jan. 26, 2005 | Filing Date: Jan. 1, 1900 |Case number: CIV434882 Verdict – $20,000
Judge
Court
San Mateo Superior
Attorneys
Plaintiff
Patrick P. McNicholas
(McNicholas & McNicholas)
Defendant
David J. Stock
(Rankin Stock Heaberlin Oneal)
Frank P. Kelly III
(Shook, Hardy & Bacon LLP)
Experts
Defendant
John Giacomini
(medical)
Facts
In October 2002, Joseph Baccelli, age 45, was a seat-belted front passenger in a 2000 Ford Expedition driven by defendant Della Russell. Russell lost control of the SUV and the vehicle went off the road, rolling in the process. There was no evidence of drinking or other substance use at the time. Baccelli sustained a massive head injury and died on impact.
Settlement Discussions
The plaintiff made a C.CP. Section 998 demand for $500,000 and $375,000 on the day of trial. The defendants made a C.C.P. Section 998 offer for $35,000 and $100,000 on the day of trial.
Damages
Baccelli had never been married and had no children. He was the plaintiff's oldest son and one of six children. The plaintiff sought non-economic damages of love, care, comfort and society. Baccelli was a recovering drug user and gainfully employed at the time of the accident. He last saw his mother plaintiff in 1998 when he visited her at her home in Texas. The plaintiff asserted that Baccelli was intending to move to Texas in 2004 to help take care of her. They corresponded on birthdays and holidays, but visits were every five to seven years. Baccelli had a congenital heart condition which carries the risk of sudden death. He had surgery in 1998. He had been doing well but was precluded from heavy work. The plaintiff attempted to exclude the mention of the heart condition and past drug use by motions in limine, arguing that they did not affect life expectancy and the evidence was irrelevant. The trial court denied the motions. The plaintiff sought an award of $1,020,000. The defense suggested an award of only $20,000 to $30,000.
Result
In non-binding arbitration, $125,000 was awarded against 4C, Ergur and Russell and $0 against Ford. Ford had argued the accident resulted from improper driving, and the injuries resulted from the high-speed rollover and violent impact forces. Ford settled after arbitration for $50,000. The arbitration award was rejected by 4C, Ergur and Russell. At trial, defendants admitted liability and argued damages only. The jury awarded plaintiff $20,000 in non-economic damages against defendants. The defense attorney indicated the jurors felt that it was speculative that Baccelli would have moved to Texas, and they were not convinced as to the closeness of the relationship and loss of support given the absence of support before the accident.
Deliberation
half day
Poll
11-1
Length
five days
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