Cheryl Hyde v. Joseph Gilbert Santellano
Published: Aug. 20, 2002 | Result Date: Jul. 5, 2002 | Filing Date: Jan. 1, 1900 |Case number: PC028154X Verdict – $320,793
Judge
Court
L.A. Superior San Fernando
Attorneys
Plaintiff
Defendant
John A. Demarest
(Hanger Steinberg Shapiro & Ash)
Experts
Plaintiff
Larry Bihlmeyer
(medical)
Defendant
Richard C. Rosenberg M.D.
(medical)
Facts
The case arises from a three vehicle collision which occurred on August 15, 2000, at approximately 7:00p.m. on
Nordhoff Street, in the City of Northridge, California.
The plaintiff was driving her 1999 Chevrolet Tracker eastbound on Nordhoff and was stopped for a red traffic
light.
At that time, the defendant, Joseph Gilbert Santellano Jr., while driving his 1998 Chevrolet Corvette at
approximately 85-90 mph, and while under the influence of alcohol, caused his vehicle to collide with the rear
of the plaintiff's vehicle.
The impact caused the plaintiff's Tracker to flip over into the air and land on its roof, while simultaneously
striking a 1996 Honda Accord driven by a third party.
At the scene of the accident, the defendant Santellano was arrested for driving under the influence of alcohol.
Witnesses and emergency medical personnel had to assist the plaintiff out of her vehicle which was upside
down.
The plaintiff was taken by ambulance to the emergency room at Granada Hills Hospital.
She sustained personal injuries (extensive bruising, strains and sprains of her neck and back) as
a result of the accident.
Settlement Discussions
The plaintiff's initial demand was $27,500. The defendant's initial offer was $15,000. Several months prior to trial, the plaintiff made a CCP Section 998 demand of $100,000 (policy limits). The defendant made no offer at mediation. Three days prior to trial, the defendant made a CCP Section 998 offer of $25,000.
Specials in Evidence
$4,726 $1,067
Other Information
The defendant was ultimately found guilty of driving under the influence at the time of the accident. This incident was the fourth time that the defendant had been arrested for driving under the influence. Since that time, one year later, he was again arrested and convicted for driving under the influence. The defendant has filed a Notice of Intention to File Motion for a New Trial.
Deliberation
one day
Poll
9-3 ($200,000 in general damages); 12-0 ($5,793 in special damages); 12-0 (for defendant guilty of malice or oppression); 12-0 (in punitive damages against the defendant); 10-2 ($115,000 in punitive damages against the defendant)
Length
three days
For reprint rights or to order a copy of your photo:
Email
jeremy@reprintpros.com
for prices.
Direct dial: 949-702-5390