Jimmi Jett v. Darci Dutton
Published: Aug. 3, 1996 | Result Date: Jun. 24, 1996 | Filing Date: Jan. 1, 1900 |Case number: 728569 – $0
Judge
Court
Orange Superior
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Robert W. Crommelin
(technical)
Sam Salloum
(technical)
Defendant
Arnold W. Siegel
(technical)
Harry J. Krueper Jr.
(technical)
Facts
On May 23, 1993, the settling defendant, who was driving a 1990 Ford Thunderbird, was making a left turn from southbound Antonio Parkway into the main entrance of Santa Margarita Catholic High School. The plaintiff, Jimmi Jett, a 17-year-old student, was driving a 1986 Mazda RX-7 northbound in the #2 lane. Cars and trucks lined up in the #1 northbound lane to make a U-turn to southbound Antonio Parkway at the entrance to the school blocked the plaintiff and the defendant driver's vision so that they could not see each other prior to the defendant driver making the turn across traffic that resulted in the accident. The plaintiff brought this action against the defendants, the defendant driver, her parents and the Diocese of Orange, based on negligence, premises liability and negligent entrustment theories of recovery. The defendant driver settled before trial for $15,000 (policy limits).
Settlement Discussions
The plaintiff made a settlement demand for $150,000 with indication immediately before trial that $30,000 would be accepted if offered. The defendants made a C.C.P. º998 offer of compromise for $15,000.
Specials in Evidence
$55,000 $________ $__________ $________
Damages
The plaintiff claimed approximately $55,000 in medical special damages and $10,000 in property damages. The case was bifurcated, so no damages were in evidence.
Injuries
The plaintiff alleged she sustained a broken patella and a lacerated forehead, requiring plastic surgery, knee surgery and physical therapy, as a result of the accident.
Other Information
The trial was bifurcated; only comparative liability was deliberated. A second phase regarding damages proved unnecessary when the jury found none of the existing defendants liable. The court refused to allow the plaintiff to present evidence that the defendant driver's insurance had been cancelled due to her poor driving record. Nevertheless, the defendant parents were permitted to testify that they had no reason to believe that their daughter was a driving risk.
Deliberation
6 hours
Poll
12-0 (no negligent entrustment), 9-3 (no negligence -- Diocese), 12-0 (no causation -- Diocese)
Length
9 days
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