George Torres v. Rene Roger Nelson
Published: Mar. 14, 1998 | Result Date: Jan. 22, 1998 | Filing Date: Jan. 1, 1900 |Case number: 95AS07337 Verdict – $0
Judge
Court
Sacramento Superior
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Harry J. Krueper Jr.
(technical)
Defendant
Lowell Hicks
(technical)
Facts
On Oct. 23, 1995, plaintiff George Torres, a 29-year-old warehouseman, was on his way to work in a semi-urban area of Sacramento at 5:25 a.m. He was crossing a wide street with two lanes in each direction, a left turn lane and a right turn lane within a marked crosswalk. The traffic signal for cross-traffic changed to green unexpectedly when plaintiff was near the middle of the roadway. The plaintiff commenced running to try to cross the intersection. Two vehicles remained at rest in the No. 1 lane while he ran in front of them. The plaintiff ran past those vehicles and ran into the side of defendant Rene Roger Nelson's truck. The truck was proceeding through the intersection in the No. 2 lane. The plaintiff brought this action against defendant based on a negligence theory of recovery.
Settlement Discussions
The plaintiff made a C.C.P. º998 settlement demand for $250,000. According to plaintiff, defendant offered $7,500 with an indication of $20,000 to $25,000 on the day of trial.
Specials in Evidence
$222,000 (Under Hanif v. Housing Authority, the trial court reduced the amount to $81,000 which was the only figure allowed to be presented to the jury. The $81,000 was the amount paid the hospital by Sacramento County under its general assistance program). $30,000
Damages
The plaintiff claimed $400,000 in damages.
Injuries
The plaintiff suffered a compound comminuted fracture of both bones of his lower right leg and fracture of his left thumb. He developed compartment syndrome in his injured leg necessitating a long incision in his lower leg which left a keloided scar. Surgery and internal fixation with an intermedullary rod were required to repair the fractures, with the rod remaining in place.
Other Information
The verdict was reached approximately two years and one month after the case was filed. SETTLEMENT CONFERENCE: A settlement conference was held on July 10, 1997. It did not resolve the matter.
Deliberation
two hours
Poll
11-1
Length
nine days
For reprint rights or to order a copy of your photo:
Email
jeremy@reprintpros.com
for prices.
Direct dial: 949-702-5390