Irwin Russo v. Fabin Boccardo, et al.
Published: Feb. 21, 1998 | Result Date: Jan. 22, 1998 | Filing Date: Jan. 1, 1900 |Case number: SC040124 Verdict – $11,715
Judge
Court
L.A. Superior Santa Monica
Attorneys
Plaintiff
Defendant
Steven A. Simons
(Law Office of Steven A. Simons)
Experts
Plaintiff
Marshall Grode
(medical)
Defendant
Phillip J. Kanter
(medical)
Facts
Plaintiff Irwin Russo, a 53-year-old school teacher, was driving on Coldwater Canyon near the intersection of Cedar Brook where he collided with defendant Fabin Boccardo. The plaintiffs contended that defendant failed to stop for the stop sign at the intersection, violating plaintiff's right of way and causing plaintiff's injuries. The defendant contended that plaintiff was speeding and failed to maintain control of his vehicle. The plaintiffs brought this action against the defendant based on a negligence theory of recovery. Plaintiff's wife sued for loss of consortium.
Settlement Discussions
The plaintiffs made a C.C.P. º998 settlement demand for $30,000. Plaintiffs indicated they would accept $20,000 on the first day of trial. The defendant made an offer of $7,500 ($7,000 per plaintiff) raised to $8,500 on the first day of trial.
Damages
Plaintiffs' attorney requested a minimum of $125,000 from the jury with "black board" of $300,000. Defendant requested a defense verdict.
Injuries
Plaintiff claimed a cervical injury from the accident.
Other Information
The verdict was reached approximately three years after the case was filed. SETTLEMENT CONFERENCE: Per plaintiff, a settlement conference was held before Judge David Perez of the Los Angeles Superior Court in Santa Monica resulting in no settlement. Defendant attorney reported he received the file one month before trial. Per plaintiffs, plaintiff had bills for medical treatment in the amount of $900 and a prior cervical injury in 1985. Plaintiff did not wish to undergo surgery because of his weight (300 pounds) and his diabetes.
Deliberation
3½ hours (per plaintiff), 1½ days (per defendant)
Poll
10-2
Length
eight days
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