Christopher Sisto dba CGC Construction v. James Timothy Banks, Patrick Hauth, Les Schwab Tire Centers of California Inc., and Does 1 through 20
Published: Mar. 14, 2015 | Result Date: Sep. 11, 2014 | Filing Date: Jan. 1, 1900 |Case number: 34-2011-00115694-CU-PA-GDS Verdict – Defense
Court
Sacramento Superior
Attorneys
Plaintiff
Michael S. Morse
(Morse & Associates)
Defendant
Kevin K. Cholakian
(Cholakian & Associates)
Julio A. Hernandez
(Office of the Attorney General)
Facts
Christopher Sisto doing business as CGC Construction sued James Banks, Patrick Hauth, and Les Schwab Tire Centers of California Inc., in connection with a truck accident that took place in Sacramento.
Contentions
PLAINTIFF'S CONTENTIONS:
Plaintiff contended that Hauth collided with Banks' vehicle as Banks attempted to pull out of a parking lot by making a left turn into Greenback Lane in Sacramento. Hauth then collided with plaintiff's truck, causing him to spin out and hit a lamppost. Plaintiff sustained injuries as a result and sued defendant drivers for negligence, and the service center, where Banks just had his vehicle serviced prior to the accident, for negligently servicing Banks' vehicle and causing his steering to fail.
DEFENDANTS' CONTENTIONS:
Banks contended that his steering failed because his steering wheel was disconnected from the engine compartment. Les Schwab denied any liability and claimed it had done no work on Banks' steering linkage or anything under the hood. Les Schwab further argued that the steering linkage broke as a result of the accident and not the other way around. Les Schwab also disputed the extent of plaintiff's claimed injuries.
Settlement Discussions
Sisto demanded $100,000 in settlement. Les Schwab offered $15,000 in settlement.
Damages
Sisto requested $20,000 in past medical expenses, $10,000 in property damage, $20,000 in loss of goodwill to his contracting business, $100,000 in future medical expenses, and an unspecified amount in past and future pain and suffering.
Injuries
Sisto claimed he suffered contusions, strains and sprains in his shoulder and arms, as well as herniated discs to his spine. He treated with a neurosurgeon and underwent a lumbar fusion. Plaintiff claimed his injuries limited his ability to work and resume normal life.
Result
Banks reached a settlement with Sisto for a waiver of costs. Hauth settled with Sisto for $10,000. Then the matter proceeded against Les Schwab only. The jury ultimately found against Sisto.
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