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Personal Injury
Auto v. Truck
Backing Out of Driveway

Joyce Rosa v. Phil Bradd, et al.

Published: Feb. 28, 1998 | Result Date: Nov. 13, 1997 | Filing Date: Jan. 1, 1900 |

Case number: H178377S Verdict –  $133,191

Judge

Mark L. Eaton

Court

Alameda Superior


Attorneys

Plaintiff

Dennis G.I. Hanna


Defendant

Michael P. Blackburn


Experts

Plaintiff

Kenneth Ziedman
(technical)

Dean B. Tuft
(technical)

David R. Buchanan
(Seeger Weiss LLP) (medical)

Edwin J. Whitman M.D.
(medical)

Defendant

Arthur G. Koenig
(technical)

David A. Thompson
(JAMS) (technical)

Facts

On Aug. 29, 1993, plaintiff Joyce Rosa, a 55-year-old computer industry worker, was backing out of a driveway in an industrial area when she collided with defendant's truck. The plaintiff brought this action against defendants based on a negligence theory of recovery.

Settlement Discussions

The plaintiff made a C.C.P. º998 settlement demand for $100,000 (policy limits). The defendants reported they made an offer of $10,000. Per plaintiff, no money was offered.

Specials in Evidence

$41,985 $8,000 (plaintiff was unemployed but based this on her previous year earnings as a "fit model")

Damages

The plaintiff asked the jury for $200,000 to $300,000.

Other Information

ARBITRATION: An arbitration was held before Andy Schwartz resulting in an award of $151,685 (gross) and a finding of 30 percent comparative liability. The defendants requested a trial de novo.

Deliberation

one day

Poll

10-2

Length

eight days


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