Alexander G. Frew III v. Stanley Kent Gardner
Published: Dec. 2, 2003 | Result Date: May 13, 2003 | Filing Date: Jan. 1, 1900 |Case number: CIV420768 Verdict – $0
Judge
Court
San Mateo Superior
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Ona Schissel
(technical)
Paul R. Linquist
(medical)
Richard F. Gravina
(medical)
Defendant
Alan Zacariah
(medical)
Robert Linskog
(technical)
Facts
Plaintiff Alexander Frew, III, 60, was walking southbound on the east sidewalk of California Drive in Burlingame on a rainy evening. He alleged he was struck while crossing Peninsula Avenue within the marked crosswalk on a green traffic light. The plaintiff was knocked to the ground and his foot was run over by the tire of the vehicle owned by defendant, Stanley Gardner. The defendant was turning left from California Drive onto eastbound Peninsula Avenue. The plaintiff sued the defendant for negligence in failing to yield the right of way to a pedestrian. The defendant contended that the plaintiff was inattentive and entered the crosswalk against a red pedestrian crossing light.
Settlement Discussions
The plaintiff made an initial demand of $42,606 later raised to $100,000. The defendant made an offer of $81,000.
Injuries
The plaintiff suffered a crushed foot, including a foot fracture and permanent nerve damage, which resulted in the loss of sensation, chronic pain syndrome and preclusion from his usual occupation as a Red Cross manager and disaster relief coordinator. The plaintiff claimed past medical expenses $8,522, past lost wages $79,000 and future lost wages $159,000.
Other Information
Before trial, in October 2002, arbitrator Deidre Marblestone rendered a non-binding arbitration award of $42,606.
Deliberation
four hours
Poll
9-3
Length
five days
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