Loloma Vaea, et al. v. General Motors Corporation
Published: Feb. 28, 1998 | Result Date: Jan. 26, 1998 | Filing Date: Jan. 1, 1900 |Case number: BCV01286 Verdict – $0
Judge
Court
San Bernardino Superior
Attorneys
Plaintiff
Alan K. Nicolette
(Nordstrom Steele Nicolette and Blythe)
Defendant
Philip R. Cosgrove
(Nelson, Mullins, Riley & Scarborough LLP)
Dommond E. Lonnie
(Dykema Gossett PLLC)
Experts
Plaintiff
Simon Tamny
(technical)
Defendant
Douglas Lane
(technical)
Gerald Cooper
(technical)
Al Wilinski
(technical)
Facts
On Aug. 23, 1993, at approximately 10 p.m., plaintiff Loloma Vaea, was driving a 1992 Chevrolet Lumina APV in the northbound No.1 lane of Interstate 15 in San Bernardino, at approximately 60 mph. After the plaintiff passed a tractor trailer truck, plaintiff and the other occupants of the vehicle smelled an odor of burning rubber caused by a tire tread separation. The plaintiff applied the brakes and turned the steering wheel which caused the van to slide off the roadway and roll over in the desert. During the rollover, plaintiff's husband, decedent Paula Vaea, a 39-year-old cement mason, was ejected from the car and crushed underneath as the vehicle came to rest. The plaintiffs, the driver and eight other occupants, brought this action against the car manufacturer based on product liability, breach of warranty, negligence and negligent infliction of emotional distress theories of recovery.
Settlement Discussions
The plaintiffs settlement demand totaled $123,024.92. On the first day of trial, there was an indication that plaintiffs would accept $30,000. The defendant made no offer.
Specials in Evidence
$12,514.76 (total) Claimed to be in excess of $300,000 $0
Damages
Death of a husband. (Plaintiffs' injuries? ___________)
Injuries
Death of a husband. The plaintiffs suffered soft tissue injuries and a broken arm.
Other Information
The verdict was reached approximately three years and four months after the case was filed. SETTLEMENT CONFERENCE: A settlement conference was held on March 20, 1997, before Judge Arthwell Hayton resulting in no settlement.
Deliberation
30 to 40 minutes
Poll
12-0
Length
11 days
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