Juan Knapp, a minor, by and through his co-guardians and co-conservators, Anita Molinar, Benton Knapp v. State of California, Dept. of Transportation
Published: Dec. 2, 2003 | Result Date: Aug. 26, 2003 | Filing Date: Jan. 1, 1900 |Case number: CVP0010000531 Verdict – $0
Judge
Court
Siskiyou Superior
Attorneys
Plaintiff
Steven R. Enochian
(Low McKinley Baleria & Salenko LLP)
Defendant
Experts
Plaintiff
Dale H. Fietz
(technical)
Thomas G. Schultz
(technical)
Allan D. Shonkoff
(medical)
Kevin D. Harrington
(medical)
Garreth Dale Perrine
(technical)
Defendant
Dale TenBroeck
(technical)
John Garton
(technical)
Kenneth C. Berner
(technical)
Facts
On April 7, 2000, Juan Knapp, a 15-year-old student, was traveling with his family southbound on State Route 89, when his sister, driving on a permit, drifted off the roadway and lost control of the vehicle. The vehicle crossed into the northbound traffic lane and was hit by a pick-up truck. Juan Knapp was the sole survivor. Knapp, through his co-guardians and co-conservators, sued Caltrans, alleging that a pavement defect on the highway created a visual hazard, which caused the accident. The state contended that the loss of control was the result of driving inattention.
Settlement Discussions
The plaintiff demanded $495,000; the defendant offered $40,000.
Specials in Evidence
$465,000
Injuries
Knapp suffered from a closed head injury, an open-book fracture of the pelvis, multiple leg fractures requiring rodding and pinning, nerve damage in the lower leg and foot, residual limping and the need for hip replacement in the future.
Result
Defense verdict
Deliberation
25 minutes
Length
nine days
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