David Child v. Hewicker, et al.
Published: Sep. 25, 1993 | Result Date: Aug. 2, 1993 | Filing Date: Jan. 1, 1900 |Case number: 640047 – $250,000
Judge
Court
Orange Superior
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
David L. Stokesbary
(medical)
Wayne H. Lancaster
(technical)
Defendant
Allan M. Strizak
(medical)
Facts
On July 30, 1990 Plaintiff David Child, a 42-year-old drywall carpenter, was the passenger in a car proceeding down the diamond lane of the southbound on the 5 Freeway. Defendant, Hewicker, acting in the coarse and scope of his employment with Defendant Worldwide Express, pulled into the diamond lane, despite having no passengers, causing the left wheels of the Plaintiff vehicle to jump the curb and the right front of that vehicle to strike the left rear of Defendant Hewicker's vehicle.
Settlement Discussions
Plaintiff contends their demand was $250,000 and Defendants offer was $25,000.
Specials in Evidence
$11,306 $59,705 $168,000 $42,500
Damages
Plaintiff's attorney asked jury to award at least $481,266.
Injuries
Torn medical meniscus and damaged articular cartilage in his right knee requiring orthoscopic surgery 3 months later; Plaintiff is now unable to carry heavy loads or repeatedly bend his knee resulting in lost earning capacity; Plaintiff may need future surgeries possibly including a total knee replacement.
Deliberation
1 day
Poll
12-0 damages, 9-3 comparative
Length
4 days
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