Sean Choy v. Masaru Hatsushi, M. Hatsushi Landscaping, Mori Hatsushi & Associates, Hatsushi Leasing Company Inc., Hatsushi Leasing Inc., Mori Hatsushi, Tomiko Hatsushi, Masaru Hatsushi (deceased)
Published: Jan. 5, 2013 | Result Date: Dec. 10, 2012 | Filing Date: Jan. 1, 1900 |Case number: CIVMSC 07-02532 Verdict – $11,900,700
Court
Contra Costa Superior
Attorneys
Plaintiff
Steven C. Kirby
(Kirbys Law)
Aimee E. Kirby
(Dolan Law Firm PC)
Defendant
Experts
Plaintiff
Jerome A. Barakos M.D.
(medical)
Ralph J. Kiernan
(medical)
Laurence H. Neuman
(technical)
Patrick F. Mason Ph.D.
(technical)
Joseph E. Long
(medical)
Defendant
Michael C. Olivera
(technical)
Facts
M. Hatsushi Landscaping's landscape vehicle pulled out from a stop sign in front of plaintiff Sean Choy, who was driving his motorcycle. Witnesses said Plaintiff had no chance to avoid the truck. The same witnesses had to brake to avoid the landscape vehicle being driven by Masaru Hatsushi. The truck was carrying equipment to a landscape jobsite, as directed by Corporate officer Mori Hatsushi, at the time. Four months prior to the accident, the corporate secretary, Tomiko Hatsushi, gave the truck to Masaru and kept Masaru working despite being told that he had a bad Department of Motor Vehicle records and was excluded from commercial policies.
Contentions
PLAINTIFF'S CONTENTIONS:
Plaintiffs claimed negligence by the landscape company and officers for retaining a bad driver and ratifying his acts after accident when Masaru delivered equipment to Kaiser and was not fired.
DEFENDANT'S CONTENTIONS:
Defendants claimed Masaru was retired, no longer employed by the company, and was just returning tools.
Specials in Evidence
$450,672 $1 million
Result
Plaintiffs' verdict for $11,900,672.
Other Information
Appeal probable on Judges ruling eliminating personal liability of officers for negligent retention of employee and ratification. The alter ego trial is pending. FILING DATE: Nov. 28, 2007.
Deliberation
six days
Poll
12-0 (on employment), 11-1 (damages)
Length
15 days
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