Salomon Lopez Jr. v. Charles J. Jojola, RMC Pacific Materials Inc.
Published: Dec. 2, 2003 | Result Date: Apr. 17, 2003 | Filing Date: Jan. 1, 1900 |Case number: 01AS05153 Verdict – $0
Judge
Court
Sacramento Superior
Attorneys
Plaintiff
Defendant
Matthew P. Foose
(Makkabi Law Group APC)
Experts
Plaintiff
David Walters
(medical)
John T. Tong
(medical)
Mark I. Levy
(medical)
Defendant
August L. Reader III
(medical)
Laura L. Liptai
(technical)
Donald P. Margolis
(Office of the City Attorney)
(technical)
Facts
In September 2000, plaintiff Salomon Lopez Jr., 44, was driving his Nissan pickup truck on US-50 in Sacramento. Defendant Charles Jojola, while in the course and scope of his employment with RMC Pacific Materials Inc., was driving a cement truck and rear-ended plaintiff's truck. The plaintiff sued defendant and RMC Pacific Materials, alleging vehicular negligence. The defendants argued the impact of the accident was minor. Photographs and expert testimony established the impact at less than 5 mph.
Settlement Discussions
The plaintiff demanded $100,000. The defendant made a C.C.P. Section 998 offer of $15,000 and increased to $20,000 at trial.
Injuries
The plaintiff contended the impact was sufficient to cause his injuries which consisted of the aggravation of his pre-existing double vision, and neck, shoulder and back injuries.
Result
The plaintiff's motion for a new trial was denied and he appealed. The defendants filed a memorandum of costs and plaintiff filed a motion to tax costs. The plaintiff's motion was granted in part and defendants received costs of $18,418.
Deliberation
40 minutes
Length
four days
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