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
Court
L.A. Superior Glendale
Attorneys
Plaintiff
Defendant
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
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