Thomas Foster, Shelly Foster v. Charles Nelson
Published: Dec. 28, 2004 | Result Date: Jul. 19, 2004 | Filing Date: Jan. 1, 1900 |Case number: NC034302 Verdict – $2,061,000
Judge
Court
L.A. Superior Long Beach
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Joyce Elaine Pickersgill
(technical)
Richard H. Anderson
(technical)
Duke Ahn
(medical)
Defendant
David Morgan
(technical)
Wayne H. Lancaster
(technical)
Michael D. Smith M.D.
(medical)
Facts
The defendant was driving a mini van and made a left turn at the intersection of Ocean and Pine in Long Beach. The van collided with the plaintiff's motorcycle as the plaintiff proceeded across the intersection. At the time of the collision, the defendant was driving members of the Victory Outreach Church of San Jose to a convention.
Settlement Discussions
The plaintiffs offered to settle at $1.2 million at the mandatory settlement conference. The defendants offered $500,000 during trial. At mediation, the plaintiffs offered to settle at $1.7 million and the defendants offered $250,000.
Specials in Evidence
$186,000 Nil $700,000 $100,000
Damages
The plaintiff's spouse claimed loss of consortium.
Injuries
The plaintiff suffered a serious fracture to his lower left leg, which almost required amputation. The plaintiff's lower leg, ankle and left foot are permanently injured. The defense claimed that the plaintiff would almost fully recover.
Deliberation
two days
Poll
12-0 (liability of defendant), 10-2 (no comparative liability of plaintiff)
Length
six days
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