Deby Wedgewood v. Debra Joan Dye, Larry Dye, Deville Bundy, Intercon Transport, Inc. Esprit Enterprises, Inc., et al.
Published: Sep. 25, 1993 | Result Date: Sep. 10, 1993 | Filing Date: Jan. 1, 1900 |Case number: 18564 – $271,549
Judge
Court
Colusa Superior
Attorneys
Plaintiff
Defendant
Kent M. Luckey
(Penney & Associates)
Experts
Plaintiff
Albert R. Gutowsky
(technical)
Lee French
(technical)
Robert G. Liptai
(technical)
William J. Gilbrech
(medical)
Jeffrey C. Reinking
(medical)
Defendant
Gregory W. Sells
(technical)
Dean B. Tuft
(technical)
Facts
On June 26, 1991, Plaintiff, Deby Wedgewood, age 35 was a flagger with a paving crew on I-5 near Williams. Defendant, Esprit Enterprises, Incorporated's oil truck moved from the construction zone into the travel lane, thereby causing Defendant Intercon Transport, Incorporated's semi-tractor to brake. This braking maneuver caused Defendant Debra Dye to attempt to brake. Defendant Dye missed her brake pedal; steered into a guardrail; deflected off the guardrail, out of control; and struck Plaintiff, who was standing on a paver on the shoulder of the road.
Settlement Discussions
Plaintiff contends they demanded $275,000; and Debra Dye offered its policy of $50,000 which Plaintiff accepted on the first day of trial with a covenant not to execute; Defendant Intercon Transport, Inc. offered a C.C.P. 998 of $10,000; and Defendant Esprit Enterprises, Inc. offered a C.C.P. 998 of $10,000.
Injuries
Fractures of the right fibula and right lateral malleolus requiring closed reduction; denervation of the right posterior tibial nerve rendered her unable to return to construction work.
Deliberation
1 day
Poll
12-0, 12-0, 9-3
Length
8 days
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