Victor McPeters v. Wheelchairs of Berkeley, Andrew Cayting
Published: Sep. 4, 2002 | Result Date: Dec. 6, 2001 | Filing Date: Jan. 1, 1900 |Case number: 8113416 Verdict – $0
Judge
Court
Alameda Superior
Attorneys
Plaintiff
Defendant
Kenneth C. Ward
(Severson & Werson)
Experts
Plaintiff
Linda D. Olzack R.N.
(medical)
Jerald H. Udinsky
(medical)
Michael Shore
(technical)
Alex B. Barchuk M.D., C.L.C.P.
(medical)
Defendant
Malcolm B. Lawton
(medical)
Jonathan Mueller
(medical)
Facts
The 36-year-old plaintiff, disabled since age 16, received a 24-hour loaner wheelchair from the defendant.
When the wheelchair was delivered to the plaintiff, the defendant's driver observed that the seatbelt could not
be adjusted to fit the plaintiff and he suggested that he should take it back.
The plaintiff asked him to leave the wheelchair and later that day, the plaintiff, while
using the wheelchair, fell from it.
Settlement Discussions
The plaintiff submitted a CCP Section 998 demand of $2 million. The defendant offered $250,000.
Specials in Evidence
$60,000 $1,280,000
Injuries
The plaintiff claimed a C-3 contusion that caused loss of sensation, function and muscle strength. He claimed the contusion caused his long-standing C5-C6 quadriplegia to deteriorate after the fall. The plaintiff also claimed emotional distress and depression.
Other Information
The jury found the defendant driver was negligent in that he was not well-trained but that the negligence was not the cause of the plaintiff's injuries.
Deliberation
two days
Length
20 days
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