Joseph Martin v. Geneieve Lewis White, Olga Lewis, and Does 1 to 100
Published: Jul. 23, 2009 | Result Date: May 3, 2009 |Case number: 56-2008-00314697 Verdict – Defense (as to Santa Paula Harvesting and Guerrero)
Facts
On July 23, 2007, at 10:30 a.m., plaintiff Joseph Martin, 61, was stopped in his vehicle in Oxnard. Martin had put on his hazard lights as he was waiting for defendant Manuel Guerrero to back his vehicle into an orchard to pick up lemons. While stopped, Martin was rear-ended by a vehicle driven by defendant Genevieve Lewis White.
Martin filed suit against White, defendant Olga Lewis (the owner of White's vehicle), Guerrero, and Guerrero's employer, defendant Santa Paula Harvesting for motor vehicle negligence.
Contentions
PLAINTIFF'S CONTENTIONS:
Martin contended that White was negligent when she rear-ended his vehicle. Martin argued that Santa Paula Harvesting failed to properly train Guerrero, as his conduct was negligent in backing into the orchard.
DEFENDANTS' CONTENTIONS:
Guerrero and Santa Paula Harvesting countered that White was fully responsible for the accident and denied all allegations.
Specials in Evidence
$83,617.
Damages
Martin sought damages in the amount of $83,617 for past medical expenses, $600,000 for past and future pain and suffering.
Injuries
Martin suffered injuries to his back, which required surgery.
Result
Martin accepted a pre-trial settlement from White and Lewis for $100,000. The jury found in favor of Guerrero and Santa Paula Harvesting.
Other Information
Liberty Mutual Insurance Company insured White and Lewis. Century National Insurance insured Santa Paula Harvesting and Guerrero.
Deliberation
45 minutes
Poll
12-0 (as to Guerrero), 11-1 (as to Santa Paula)
Length
four days
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