Casie McCann and David Beverly v. Matthew Perrin; MTM Corp.
Published: Oct. 4, 1997 | Result Date: Sep. 4, 1997 | Filing Date: Jan. 1, 1900 |Case number: 754492 – $0
Judge
Court
Orange Superior
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Michael J. Einbund M.D.
(medical)
Daniel M. Cahill
(medical)
Defendant
Robert D. Shlens
(medical)
Facts
Plaintiff Casie McCann, a 15-year-old female, was in a vehicle driven by defendant Matthew Perrin. Defendant MTM Corp. employed defendant Perrin, who was sent to California for business on June 9, 1995. On June 10, 1995, defendant Perrin was on his way to Disneyland with plaintiff McCann and other friends when defendant Perrin allegedly ran a red light. Plaintiff David Beverly, a 49-year-old electrical contractor, was alone in his truck when he was struck by defendant Perrin. The plaintiffs contended that defendant Perrin was within the course and scope of his employment with defendant MTM Corp. at the time of the accident, since he allegedly used his cellular phone to make a few calls on the way to Disneyland. The plaintiffs brought this action against the defendants based on a respondeat superior theory of recovery.
Settlement Discussions
Plaintiff McCann demanded $225,000. Plaintiff Beverly did not make a specific demand. Defendant Perrin had $50,000 remaining insurance for both plaintiffs. Defendant MTM Corp. offered nothing based on no liability.
Injuries
Plaintiff McCann alleged she sustained bilateral fractured ankles, soft tissue knee and back injury. Plaintiff Beverly claimed a knee injury requiring surgery.
Other Information
The verdict was reached approximately one year and 10 months after the case was filed. A settlement conference was held on April 30, 1997 before Judge Jackman of Orange Superior Court. It did not resolve the matter.
Deliberation
three hours
Poll
11-1
Length
six days
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