Magdalena and Roland Pineda v. Tenjan, Inc., et al.
Published: Nov. 11, 1995 | Result Date: Oct. 26, 1995 | Filing Date: Jan. 1, 1900 |Case number: H1699067 – $0
Judge
Court
Alameda Superior
Attorneys
Plaintiff
Dale N. Chen
(Law Office of Dale N. Chen)
Defendant
Frank K. Berfield
(Dentons US LLP)
Experts
Plaintiff
Gary M. Hesler
(technical)
Gilbert Kliman
(medical)
Facts
On December 12, 1992, Plaintiff Magdalena Pineda, a 22-year-old apartment manager, was crossing the street on or just a little outside of the crosswalk border when Defendant Round Table Pizza's delivery truck struck her. Plaintiff was 28 feet from the curb at the time of the accident. The truck was being operated by Defendant Francois Habchi. The investigating officer noted that both headlights of the pizza delivery truck were improperly adjusted and providing only 20 feet of illumination rather than 100 feet, as required by the Vehicle Code. Also, a streetlight at the intersection was not functioning at the time. The driver of the Defendant's delivery truck was dismissed in return for a stipulation that he was acting as an agent on behalf of his employers at the time. Plaintiff initially sued the City of Hayward and PG&E because of the non-functioning streetlight, but they were voluntarily dismissed following their filing of a summary judgment motion, based on no duty. Defendant Round Table Pizza was the only Defendant at trial.
Settlement Discussions
Defendant contends it made a 998 offer of $350,000 to Plaintiff and $10,000 to Plaintiff's husband; and Plaintiff initially demanded $1,000,000 reduced to the Defendant's offer, but the offer had been withdrawn.
Specials in Evidence
$131,000 $27,000 yes, unspecified
Damages
Plaintiff asked the jury to award specials in evidence; $65,000 loss of consortium; and $800,000 pain and suffering.
Injuries
Fractured left femur requiring open reduction internal rodding fixation; left knee derangement requiring 3 arthroscopic surgeries; alleged pelvic fracture; organic brain damage; L4-5 disc bulge; residual left knee and left buttock scarring which will require revision surgery. Plaintiff's husband claimed loss of consortium injuries.
Deliberation
6.5 hours
Poll
10-2
Length
11 days
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