Evanoff v. Schindel, et al.
Published: Sep. 4, 1993 | Result Date: Aug. 11, 1993 | Filing Date: Jan. 1, 1900 |Case number: 212008 – $28,166
Judge
Court
Riverside Superior
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Ronald B. Harper
(technical)
Michael G. Kaplan
(technical)
L. Mercer McKinley
(medical)
Defendant
Donald I. Peterson
(medical)
Facts
On June 6, 1990, Defendant Mark Evan Schindel was returning from the San Diego region having attended merger discussions with S.D.G.& E on special assignment from his employer, Defendant SCE. While traveling northbound on I-15, he swerved his vehicle to avoid a plastic bucket in the road, lost control, and traveled across a 40-foot-wide, dirt median strip, striking Plaintiff's southbound pick-up truck. Plaintiff Keith S. Evanoff was a 36 years of age and self employed at the time.
Settlement Discussions
Defendants contend Schindel offered $45,000 in May of 1992, Defendant SCE offered nothing, and Plaintiff made a 998 demand for the policy limits of $100,000 from Schindel without prejudice to proceeding to trial against Edison for any additional recovery of damages.
Specials in Evidence
$13,166 $1,200,000
Damages
Plaintiff's counsel asked the jury to award $1,200,000 for loss of earnings and $2,000,000 general damages.
Injuries
Aggravation of pre-existing cervical degenerative disc disease with C6 radiculopathy involving the left upper extremity, thoracic strain superimposed on thoracic lordosis with malrotation of the thoracic vertebrae and intraspinous ligament tenderness, lumbodorsal strain, and lumbar disc bulge at the L4-5 level requiring orthopedic care.
Other Information
A prior arbitration by Louis Selby resulted in a Plaintiff's award of $45,000; trial de novo by Plaintiff.
Deliberation
1 1/2 days
Poll
9-3
Length
6 days
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