Alan v. Quintana, et al.
Published: Sep. 11, 1993 | Result Date: Aug. 19, 1993 | Filing Date: Jan. 1, 1900 |Case number: 6726678 – $350,000
Court
Alameda Superior
Attorneys
Plaintiff
Michael B. Bassi
(Michael B. Bassi ALC)
Defendant
Experts
Plaintiff
Carla H. Kelley M.R.C., C.R.C.
(technical)
David M. Bradshaw
(medical)
Facts
On November 28, 1989, at approximately 2:35 p.m., a two-vehicle collision occurred at the intersection of Clawiter Road and National Avenue in Hayward. Plaintiff Terrance Alan, a 36-year-old general manager at a paving and grading contracting company, was proceeding southbound on Clawiter Road in a 1983 Mazda RX7. Defendant John F. Quintana, an employee of Industrial Freight, was northbound on Clawiter Road operating a tractor/trailer rig with the permission of Defendant Michael J.Tillman, doing business as Double TT Enterprises.
Settlement Discussions
Plaintiff contends they demanded $400,000 and Defendants made a 998 offer of $100,000.
Specials in Evidence
$11,000 $5,000 $400,000 $40,000
Injuries
Cerebral contusion with a 40-minute period of unconsciousness resulting in organic brain dysfunction and personality changes; cervical and lumbar radiculopathy requiring physical therapy, lumbar lainectomy, and recommended neurosurgical intervention.
Other Information
This matter was arbitrated before Catherine Ritchey on December 5, 1991 with a Plaintiff award of $225,000; Defendants filed a trial de novo of the arbitration award.
Deliberation
1.5 days
Poll
9-3 liability, 11-1 contributory negligence
Length
6.5 days
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