Robert Gibson v. George Carlson, Jane Carlson, Mission Greens Condominium Association
Published: Mar. 18, 2003 | Result Date: Nov. 8, 2002 | Filing Date: Jan. 1, 1900 |Case number: GIC768652 Verdict – $0
Judge
Court
San Diego Superior
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
David R. Blake
(technical)
Louise C. Towne
(medical)
Robert Leberman
(technical)
Defendant
Robert S. Griswold CPM
(technical)
Richard Greenfield M.D.
(medical)
Carl A. Beels
(technical)
Facts
George Carlson, a resident at Mission Greens, pulled his vehicle out of his garage and activated the automatic garage door closing mechanism. Robert Gibson, an 82-year-old resident who was walking his dog, walked into the door as it was closing. The door struck the plaintiff on the right cheekbone, neck and clavicle. The plaintiff was knocked to the ground. The door did not reverse direction upon striking the plaintiff.
Settlement Discussions
The plaintiff made informal demands of $15,000 of Mission Greens, and $100,000 of Carlson. Mission Greens made a C.C.P. Section 998 offer of $7,500. Carlson made a C.C.P. Section 998 offer of $25,000.
Specials in Evidence
Medical expenses were reduced to the amount paid by Medi-Cal, $41,100. (Actual Medical expenses were in excess of $180,000.)
Damages
The plaintiff is retired, and suffered no loss of earnings.
Injuries
At trial, the plaintiff claimed four separate surgical procedures: cervical laminectomy, lumbar laminectomy at two levels, and trigger finger contracture operation on his right hand. The plaintiff also told the jury that as a result of the incident his neck and back were hurt, his right eye and right hand were hurt, his clavicle was badly bruised, he suffered a loss of hearing, had groin and abdominal pain on the right, requires a cane now because of a balance problem, had double vision after the accident, wears glasses after the incident, has circulatory problems in his legs, has TMJ on the right side where the door struck his tooth, and he basically had become a generally bedridden, incapacitated individual as a result of this accident. The plaintiff also alleged tinnitus and severe emotional upset.
Other Information
The plaintiff was severely impeached concerning the effect of this accident by his own testimony, his medical records and his treating doctor.
Deliberation
30 minutes
Poll
12-0 (all defendants)
Length
six days
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