Ronald M. Cassano v. M. Ralph Day and Import Motors, Inc.
Published: Mar. 16, 1996 | Result Date: Jan. 30, 1996 | Filing Date: Jan. 1, 1900 |Case number: C9402757 – $0
Judge
Court
Contra Costa Superior
Attorneys
Plaintiff
Defendant
Facts
On December 11, 1993, the plaintiff, Ronald Cassano, a 54-year-old certified public accountant, acted as a navigator for the defendant driver, M. Ralph Day, of an automobile entered into an all night sports car rally. The defendant, Import Motors, Inc., was the owner of the vehicle. The rally was scheduled to run from Santa Barbara, California to Las Vegas, Nevada. Approximately ten hours into the rally, the defendant driver fell asleep at the wheel. The plaintiff was injured when the defendant's vehicle was involved in a one car roll-over accident. The case was tried on whether a pre-rally written release and waiver agreement signed by the plaintiff prevented recovery and whether the plaintiff had a claim based on "excusable neglect" in failing to read and understand the release prior to signing it. The case was bifurcated and tried on liability only.
Settlement Discussions
The plaintiff made a settlement demand of $2,000,000 and a guarantee of $90,000 peryear to age 70 and $70,000 per year to age 90. The defendants made an offer of compromise of a structured settlement with a guaranteed pay out of $1,500,000.
Specials in Evidence
$39,570 $30,000 631,000 $1,190,000
Injuries
The plaintiff's injuries were not presented in the liability phase of the trial. The plaintiff alleged that he suffered a "de-gloving" injury to his right/major hand and ultimately had to have it removed by surgical amputation as a result of the accident.
Other Information
The verdict was reached approximately ____ years and ____ months after the case was filed.
Deliberation
4+ hours
Poll
12-0
Length
8 days (liability only)
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