This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.

Personal Injury
Auto v. Auto
Negligence

Jerry Payan; Doris Payan v. Luis Saco; Victor Gutierrez; Vic Man Tow & Transport

Published: Mar. 5, 1998 | Result Date: Jan. 28, 1998 |

Case number: EC020636 Verdict –  $0

Judge

Charles W. Stoll

Court

L.A. Superior Glendale


Attorneys

Plaintiff

Douglas C. Wicks


Defendant

Stephen Enerle


Facts

On Aug. 4, 1995, plaintiff Jerry Payan, a 26-year-old tow-truck operator, claimed he was injured when a damaged truck, being pulled onto a flat bed tow truck operated by defendant Luis Saco who was employed by defendant Vic Man Tow and Transport (owned by defendant Victor Gutierrez), fell, coming to rest on a car parked next to the tow truck. The plaintiffs, the injured party and his wife, brought this action against defendants based on negligence and loss of consortium theories of recovery.

Settlement Discussions

The injured plaintiff made a C.C.P. º998 settlement demand for $49,999 as to each defendant. The plaintiff wife made a C.C.P. º998 settlement demand for $9,999 as to each individual defendant. The defendants made an offer of compromise for $2,500.

Specials in Evidence

$8,480.94 $10,000 $50,000 $10,000

Injuries

The plaintiff alleged a partial tear of the left rotator cuff. The plaintiff wife alleged loss of consortium.

Other Information

The verdict was reached approximately one year and four months after the case was filed. The intervenor, State Compensation Insurance Fund, presented a lien in the amount of $21,874.66.

Deliberation

two hours

Poll

9-3

Length

four days


#126296

For reprint rights or to order a copy of your photo:

Email jeremy@reprintpros.com for prices.
Direct dial: 949-702-5390