John E. Barnes v. Alfred Nunes Jr.
Published: Mar. 4, 2003 | Result Date: Feb. 11, 2003 | Filing Date: Jan. 1, 1900 |Case number: 779496 Verdict – $0
Judge
Court
San Diego Superior
Attorneys
Plaintiff
Defendant
Scott D. Schabacker
(Law Offices of Scott D. Schabacker)
Experts
Plaintiff
David A. Casteel
(technical)
Defendant
Gerald P. Bretting
(technical)
William M. Zito
(technical)
Facts
The plaintiff was operating a dual sport motorcycle that collided with the defendant's pick-up on a dirt road in a rural section of San Diego County. The plaintiff alleged that the defendant caused the accident by driving on the wrong side of the road, but gave contradictory versions to the police and a friend. The defendant consistently maintained that the plaintiff caused the accident by entering the defendant's lane, forcing the defendant to take evasive action resulting in injuries.
Settlement Discussions
The plaintiff submitted a premature demand of $250,000 and claimed that liability was clear after allegedly convincing witnesses not to give statements to the defendant's insurer. At mediation, the plaintiff demanded at least $1.4 million. The plaintiff rejected a C.C.P. Section 998 offer of $250,000.
Specials in Evidence
$274,000 $61,000 $189,000
Injuries
The plaintiff alleged fractures to his hip, tibia and fibula and a bone infection that required seven operations and left him with a permanent limp.
Deliberation
half hour
Poll
11-1
Length
six days
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