Darrell Gosnell v. UPS
Published: Aug. 27, 2002 | Result Date: Jul. 24, 2002 | Filing Date: Jan. 1, 1900 |Case number: BC250528 Verdict – $4,056,670
Judge
Court
L.A. Superior Central
Attorneys
Plaintiff
Defendant
Robert A. Morgenstern
(Maranga Morgenstern)
Experts
Plaintiff
Jeffrey A. Schaeffer Ph.D.
(medical)
Stephanie R. Rizzardi-Pearson
(technical)
Bradley A. Jabour
(medical)
Jeanne C. Heyerick
(technical)
Ronald E. Saul
(medical)
Walter P. Greenberg
(medical)
Richard H. Anderson
(technical)
David L. Douglass
(medical)
George K. Henry Ph.D.
(medical)
Defendant
Rene Bruno
(technical)
Alan D. Waxman
(medical)
Barry I. Ludwig M.D.
(medical)
David J. Weiner M.B.A., AM
(technical)
Facts
On Nov. 8, 2000, plaintiff Darrell Gosnell suffered brain injuries after being struck by a UPS truck
in the loading and receiving area of Home Depot where he was employed as a supervisor.
Settlement Discussions
At mediation, the plaintiff submitted a demand of $6,000,000. The defendant made no offer. At the pre-trial conference, the plaintiff lowered his demand to $4,000,000. The defendant offered $25,000. On the first day of trial, the defendants offered $250,000. The plaintiff lowered his demand to $3,750,000. After the initial closing argument by the plaintiff's counsel, the defendants raised their offer to $1,000,000, which was rejected, according to the plaintiff. After the final closing argument of plaintiff's counsel, the defendants raised their offer to a high-low of $1,500,000 - $3,000,000. The plaintiff countered with a high-low demand of $4,000,000 - $6,000,000.
Damages
The plaintiff sought future medical care, loss of earnings, loss of future earnings, pain and suffering.
Injuries
The plaintiff suffered a concussion and traumatic brain injury as well as soft tissue injuries to the neck and shoulder.
Other Information
Home Depot, the plaintiff-in-intervention, since the accident happened on the premises of the plaintiff's employer, Home Depot, has filed a Motion Notwithstanding the Verdict in connection with the 12 percent contributory negligence found against it. During the trial, expert Jeffrey Schaeffer, designated by the defendant, was called as a witness by the plaintiff's attorney.
Deliberation
one day
Length
eight days
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