June Travaille, James Travaille v. Chris Beglinger, James McCarver
Published: Mar. 25, 2003 | Result Date: Nov. 6, 2002 | Filing Date: Jan. 1, 1900 |Case number: CV014352 Verdict – $42,100
Judge
Court
San Joaquin Superior
Attorneys
Plaintiff
Kenneth N. Meleyco
(Law Offices of Kenneth N. Meleyco)
Defendant
Kevin Piekut
(Law Office of Kevin Piekut)
Experts
Plaintiff
Donald J. Basham
(technical)
David R. Griffin
(medical)
John D. Hancock
(John D. Hancock Law Group PLLC)
(technical)
Facts
On April 30, 2001, the plaintiff, a 67-year-old postal carrier, was at the wheel of a Chevy S-10 Blazer driving southbound on Jack Tone Road in San Joaquin County while in the course and scope of her duties for the U.S. Postal Service. She was driving the vehicle from the passenger seat. The defendant was driving a farm vehicle and pulling a hay baler on the same stretch of road and at approximately 15 mph. The plaintiff approached the defendant from behind at approximately 55 mph. Two independent witnesses testified that the defendant driver moved his vehicle off the roadway and onto the shoulder as the plaintiff approached, but then suddenly came back onto the roadway, right in front of the plaintiff and cut her off. The plaintiff's vehicle then hit the rear-end of the the defendant's tractor.
Settlement Discussions
Prior to trial, the plaintiff and the defendants entered into a high-low agreement in which the defendants agreed to pay a low of $90,000, regardless of the verdict, and the plaintiff agreed to accept a high of $500,000 regardless of the verdict.
Specials in Evidence
$70,000 $20,000 $190,000 $80,000
Damages
The plaintiff's spouse claimed loss of consortium.
Injuries
The plaintiff sustained a trimalleolar fracture of her left ankle and tibial plateau fracture of her left knee.
Result
The jury returned a gross award of $42,100 and found the defendant 20 percent negligent and the plaintiff 80 percent comparatively negligent. Consequently, the award was reduced to $8,240. However, in view of the high-low agreement, the plaintiff recovered $90,000. There was no award for loss of consortium.
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