Martha Duran, Jose Duran, Jimmy Eusebio, Richard Eusebio, Fred Baptist, State Farm v. Antonio Caparoso
Published: Mar. 7, 2004 | Result Date: Sep. 3, 2002 |Case number: BC226899 Verdict – $93,253
Judge
Court
L.A. Superior Central
Attorneys
Plaintiff
Noriel L. Flores
(Law Offices of Noriel L. Flores)
Brian P. Neill
(Paul F. Sullivan & Associates APC)
Defendant
Facts
Defendant Antonio Caparoso tried to avoid a downed motorcyclist and changed lanes on the 101 Freeway in Los Angeles. In changing lanes, the defendant caused a chain reaction collision, hitting cars where the plaintiffs were. The plaintiffs included Martha Duran, Jose Duran, Jimmy Eusebio, Richard Eusebio, Fred Baptist and State Farm. The plaintiffs sued defendant, alleging negligence. The defendant contended no liability because he was trying to avoid a downed motorcyclist (imminent peril doctrine).
Settlement Discussions
There was no offer at mediation.
Damages
Plaintiffs Jimmy and Richard Eusebio each claimed $20,000 damages. The Duran plaintiffs also sought damages. Plaintiff Fred Baptist and State Farm sought property damage only. Plaintiffs' three cases were consolidated.
Injuries
Plaintiffs Jimmy and Richard Eusebio claimed cervical and lumbar sprain and strain. Richard Eusebio additionally claimed to have sustained cuts on his arms.
Result
The jury found in favor of plaintiffs, awarding $29,052 to Martha Duran, $19,628 to Jose Duran, $17,090 to Richard Eusebio, $18,955 to Jimmy Eusebio, and $3,875 to Fred Baptist and $4,653 to State Farm.
Deliberation
1.5 days
Poll
11-1
Length
six days
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