Lawrence J. Galardi and Shari Galardi v. John D. Rufino III, A.K.H. Co. Inc., dba Discount Tire Center
Published: Feb. 19, 2000 | Result Date: Dec. 23, 1999 | Filing Date: Jan. 1, 1900 |Case number: 780214 Verdict – $1,879,020
Judge
Court
Orange Superior
Attorneys
Plaintiff
Defendant
Facts
On March 11, 1997, Lawrence Galardi, a 62-year-old trial attorney, stopped on Camino Real in San Clemente to make a left turn. He was driving alone. John Rufino, who was driving in the course and scope of his employment for A.K.H. Corp. dba Discount Tire Center, rear-ended Lawrence Galardi at the stop. Rufino was driving 30 mph in a pick-up truck. Both automobiles were totaled. Rufino admitted liability. At the Columbia Hospital emergency room, a nonmalignant pituitary tumor was discovered. The tumor was surgically removed a year later. Rufino made an early out-of-court settlement for $15,000.
Settlement Discussions
The plaintiff made a C.C.P. Section 998 demand filed two years prior to the verdict of one million dollars which was the policy limit. The defendant made a C.C.P. Section 998 offer of $250,000 at a mandatory settlement conference.
Specials in Evidence
$25,000. $423,500. $446,390. $118,286
Injuries
Lawrence Galardi alleged that he sustained injuries to his head, nose, neck, shoulder, back, hip and leg. He also alleged dmages to his pre-frontal cortex and closed-head injury. As a result of the accident, he had constant back, neck and shoulder pain. His ability to learn and sustain attention was also impaired. Medical treatment for brain damage and other related injuries sustained in the accident were ongoing.
Other Information
As a result of the accident, Shari Galardi, a 56-year-old housewife, had to take over all family responsibilities and assist Lawrence Galardi with day-to-day functional activities.
Deliberation
1½ days
Poll
Unanimous
Length
3 weeks
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