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Personal Injury
Automobile Accident
Dangerous Condition of Public Property

Willie E. Searles v. State of California

Published: Jul. 19, 1997 | Result Date: Jun. 3, 1997 | Filing Date: Jan. 1, 1900 |

Case number: RCV02369 Verdict –  $0

Judge

Barry L. Plotkin

Court

San Bernardino Superior


Attorneys

Plaintiff

Lawrence M. Schulner

Corey Steele


Defendant

Christopher Hiddleson

Jeffrey R. Benowitz


Experts

Plaintiff

Roy Scott Mc Kowan
(technical)

Harry J. Krueper Jr.
(technical)

Lesther Winkler
(medical)

Vina R. Spiehler Ph.D., DABFT
(technical)

Defendant

Harry J. Bonnell
(medical)

Martin H. Breen
(technical)

Facts

On July 2, 1992, plaintiff Willie E. Searles' 17-month-old daughter, was a passenger in a 1985 Dodge Omni that was traveling westbound on State Route 60 in the Chino area. The automobile crossed the median area and entered the lanes of traffic coming in the opposite direction, striking a tractor-trailer truck. Seven people, including the decedent, were killed by the impact. Two people survived, with severe injuries. The plaintiff, the decedent child's father, brought this action against the state of California based on negligence and dangerous condition of public property theories of recovery.

Settlement Discussions

The plaintiff made a settlement demand for $25,000 (per the plaintiff) or $50,000 (per the defendant). The defendant made a settlement offer of $2,500 (per the plaintiff) or no settlement offer (per the defendant).

Injuries

Death of a 17-month old daughter.

Other Information

The verdict was reached approximately four years after the case was filed. A mediation was held in 1995 before Sam Cianchetti of IVAMS. It did not resolve the matter.

Deliberation

4½ hours (1½ days)

Poll

9-3

Length

8 days


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