Shirlee Fuller; Josephine Hunte and Geoffrey Hunte v. Greater Bethany Community Church; Geoffrey Hunte and Fairmont Tire & Rubber Company
Published: Oct. 3, 1998 | Result Date: Aug. 25, 1998 | Filing Date: Jan. 1, 1900 |Case number: BC109995 Verdict – $10,294,900
Judge
Court
L.A. Superior Santa Monica
Attorneys
Plaintiff
Brian J. Panish
(Panish, Shea, Boyle & Ravipudi LLP)
Defendant
R. Wesley Beavers
(McCarthy & Beavers)
Experts
Plaintiff
Lorraine Giliberto
(medical)
Thomas DeCoster
(medical)
Castoria Seymore
(medical)
William P. Jennings
(technical)
Keith S. Feder M.D.
(medical)
Lawrence Miller M.D.
(medical)
Rama Chandran
(medical)
Defendant
Anthony C. Stein Ph.D.
(technical)
N. Paul Rosenthal
(medical)
Facts
Plaintiffs were members of the Greater Bethany Community Church located in South Central Los Angeles. The Church sold video and audio tapes and books in an effort to spread the gospel through their tape ministry. Every year, a national convention was held. The church always sent representatives and set up a booth to sell items. In August 1993, the church decided to send members to the national convention to set up a booth for the praise ministry. The church owned three vans and one bus which were used to transport parishioners to and from church and to attend church meetings and conventions. They also had a busing ministry which was responsible for maintenance of the buses and training of the drivers. Prior to leaving on the trip, the church mechanic inspected the van and made repairs. He also recommended that all four tires on the van be replaced. The church administrator testified that he was told to replace tires but he was not told how many. He took the van to defendant Fairmont Tire & Rubber Company and testified that he was told that three tires needed to be replaced and the remaining tire was "roadworthy." He claimed that as a result of the representations of the tire store, he only purchased three tires. On Aug. 4, 1993, the plaintiffs left the church and were driving to Cleveland, Ohio for the national convention. Defendant Geoffrey Hunte and his wife were planning to drive the van straight through to Cleveland without stopping at any hotel to sleep. On August 4, at approximately 2 p.m., the left rear tire, the one that had not been replaced, blew out and the van eventually rolled over. Geoffrey Hunte was driving. Plaintiff Fuller was sleeping in the front seat of the van when the accident occurred. Plaintiff Josephine Hunte was sleeping in the back of the van and was thrown about the van during the rollover. Plaintiff Fuller was ejected from the van with the van roof crushing her pelvis and injuring her left knee. The plaintiffs brought this action against the defendants based on negligence.
Settlement Discussions
The plaintiffs demanded $5 million during trial, increased to $8 million during trial. The plaintiffs made a C.C.P. º998 settlement demand for $975,000. Geoffrey Hunte made a C.C.P. º998 demand of $99,000 and Josephine Hunte made a C.C.P. º998 demand of $29,000. Defendants offered nothing. Defendants Greater Bethany Community Church and Hunte offered $1 million during trial and defendant Fairmont Tire & Rubber Company offered $200,000.
Specials in Evidence
$116,000 (Fuller); $5,169 (Josephine Hunte); $16,814 (Geoffrey Hunte) $81,747 (Fuller); $9,000 (Josephine Hunte); $9,000 (Geoffey Hunte) $333,562 (Fuller) $3,434,778 (Fuller); $10,000 (Geoffrey Hunte)
Injuries
Shirlee Fuller suffered pelvic ring disruption, chronic pain syndrome, pneumothorax, closed head injury and chondromalacia of the left knee. She underwent two surgeries on her pelvis and one left knee arthroscopy. Geoffrey Hunte suffered a broken right arm. Josephine Hunte suffered soft tissue injuries to her back and neck.
Other Information
Plaintiff's trial counsel was brought in two months before trial.
Deliberation
14 hours
Length
seven weeks
For reprint rights or to order a copy of your photo:
Email
jeremy@reprintpros.com
for prices.
Direct dial: 949-702-5390