William Smith, Russell Smith, Rhonda Smith v. Rodney Honea, Vulcan Materials Company, CalMat Co.
Published: Mar. 2, 2004 | Result Date: Feb. 9, 2004 | Filing Date: Jan. 1, 1900 |Case number: 182739 Verdict – $0
Judge
Court
Kern Superior
Attorneys
Experts
Plaintiff
Patrick Daley
(medical)
Defendant
Carl Sheriff
(technical)
Facts
On July 25, 2002, at approximately 10:05 a.m., Vulcan employee Rodney Hornea was driving a 1999 Peterbilt cement truck fully laden on the way to a job site. As he crossed to the 99 Freeway on Panama Lane heading east and approached the intersection of Colony Lane, the light turned green and the single vehicle at the light moved forward. That vehicle was a 1995 Ford F150 pickup being driven by William Russell Deaton Smith Sr. Passengers in the vehicle were his adult son, William Russell Deaton Smith Jr. and adult daughter, Rhonda Elizabeth Smith. The Smiths were on the way to a job site as pool contractors and were pulling a utility trailer. The Peterbilt cement truck collided with the rear of the utility trailer breaking it loose from the Ford pickup truck and causing both to spin around and end up in the basic intersection.
Settlement Discussions
The demand was $25,000 reduced to $13,000 at the time of the mandatory settlement conference. The defense including the cross-complaint agreed to waive costs for dismissal. Following the mandatory settlement conference, a C.C.P. Section 998 statutory offer was produced on behalf of the cross-complainants for $12,000. The defense offer was waiver of costs at the time of the mandatory settlement conference; $12,000 statutory C.C.P. Section 998 offer by cross-complainants.
Specials in Evidence
$12,000 (for three plaintiffs)
Damages
The plaintiffs claimed $8,000 in property damages including the total loss of the trailer.
Injuries
All three plaintiffs claimed personal injury in the form of whiplash type damages. Each claimed loss of earnings although the figure claimed for William Russell Deaton Smith Sr. was lowered at the time of trial.
Result
Unanimous jury verdict in favor of the defense as to the three plaintiffs' complaints. Upon the cross-complaint, the jury found that William Russell Deaton Smith Sr. and Smith & Smith Pools were negligent for the subject accident and liable for the damages caused to the Vulcan/CalMart truck. The jury however awarded zero damages to Vulcan/CalMart.
Other Information
Vulcan/CalMart made a motion for judgment notwithstanding the verdict based on the special verdict form requiring Smith Sr. and Smith & Smith Pools, both negligent and liable for the damages caused albeit none were awarded. The motion for judgment notwithstanding the verdict was denied on Jan. 12, 2004.
Deliberation
one hour
Poll
12-0
Length
five days
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