James F. Morgan v. County of San Diego, et al.
Published: Nov. 11, 1995 | Result Date: Oct. 19, 1995 | Filing Date: Jan. 1, 1900 |Case number: N41951 – $0
Judge
Court
San Diego Superior
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Harry J. Krueper Jr.
(technical)
Defendant
Ed J. Ruzak
(technical)
Ernest E. Phillips
(technical)
Facts
On December 21, 1987, shortly after nightfall on Old Highway 395, Plaintiff James Morgan, a 28-year-old service manager for Firestone/Fallbrook, was driving his 1970 International Scout southbound when he collided with a vehicle parked in the southbound shoulder of the highway. The vehicle, owned and operated by an individual no longer a party to this lawsuit, had become disabled and was parked on the 5-foot shoulder that existed for southbound traffic. Although the owner had parked the vehicle at approximately 2:15 that afternoon, he was unable to have the vehicle removed from the roadway prior to the subject accident, which occurred some 3 hours later. The vehicle was a 1948 flatbed truck and extended 3 feet out into the travel portion of the roadway. The right side of Plaintiff's vehicle struck the left rear corner of the truck, causing the vehicle to veer to the left, collide with a northbound vehicle, and then veer to the right and off the roadway, into a small ravine. Plaintiff sustained bodily injuries and his passenger was killed. The decedent's estate was not a party at the time of the trial.
Settlement Discussions
Defendant contends it offered a waver of costs; and Plaintiff demanded $99,999 reduced to $49,000 at trial.
Specials in Evidence
$82,227 $160,000
Damages
Plaintiff claimed an additional $750,000 in general damages.
Injuries
Right ankle, back, shoulder, and chest injuries with concomitant sequelae involving the underlying neurovascular and musculoligamentous structures and certain internal organs; depression and anxiety. Treatments and or surgeries, current and/or future as well as residuals, were not disclosed.
Other Information
This matter was previously tried in 1992, with a jury finding by a vote of 9-3 that the roadway was not a dangerous condition; however, due to juror misconduct, the matter was retried.
Deliberation
1.25 hours
Poll
10-2
Length
5 days
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