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    • Ronald and Debra Winchell v. P.C. Oroweat Food Company, Inc.

    Mar. 25, 1995
    Verdicts and settlements
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    Personal Injury (Vehicular)
    Automobile Accident
    Head-On Collision

    Ronald and Debra Winchell v. P.C. Oroweat Food Company, Inc.

    Published: Mar. 25, 1995 | Result Date: Mar. 6, 1995 | Filing Date: Jan. 1, 1900 |
    Case number: 93N1037 –  $1,494,750

    Judge

    Edward W. Nottingham

    Court

    USDC Colorado


    Attorneys

    Plaintiff

    David S. Hoover

    Michael E. Harvey
    (Seyfarth Shaw LLP)

    Howard Flicker


    Defendant

    Kenneth H. Lyman

    Matthew Y. Biscan


    Experts

    Plaintiff

    James S. Warson
    (medical)

    Jay D. Law
    (medical)

    Richard L. Stieg
    (medical)

    Michael J. Jobin
    (medical)

    William Waggener
    (medical)

    Doris J. Shriver
    (medical)

    Nancy T. Williams
    (medical)

    Kevin J. Reilly
    (medical)

    Wayne Gardenswartz
    (technical)

    Donald R. Rollins
    (medical)

    Gerald C. McIntosh
    (medical)

    Defendant

    Richard Vandenberg
    (medical)

    Facts

    On July 12, 1991, Plaintiff Ronald Winchell, a 43-year-old highway construction worker, suffered injuries as a result of a head-on collision with a bread truck owned by Defendant Oroweat Food Company, Inc., a trade name for Entenmann's, Inc.

    Settlement Discussions

    Plaintiff contends that his last demand was $900,000 and that Defendant's last offer was $200,000. Defendant contends that its last offer was $350,000.

    Specials in Evidence

    $106,046 (collateralized) $47,548 ($10,364 already paid) $210,788 uncertain

    Damages

    $730,368 for support services.

    Injuries

    Reflex sympathetic dystrophy condition of left arm requiring conservative therapy and a stellate ganglion block and a possible future spinal implant. The stellate ganglion block caused fluid to get into Plaintiff's lungs, requiring a decortication of the lungs (disputed by Defendant who claimed Plaintiff came down with pneumonia following a stellate ganglion block, requiring a decortication of the lungs). Plaintiff's spouse claimed loss of consortium.

    Deliberation

    4 hours

    Poll

    7-0

    Length

    5 days


    #125529

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