Eleanor Colbert, et al., v. C.R. England Inc., et al.
Published: Aug. 25, 2017 | Result Date: Apr. 19, 2017 |Case number: CIVDS1417343 Settlement – $9,000,000
Judge
Court
San Bernardino County Superior Court
Attorneys
Plaintiff
Gary A. Dordick
(Dordick Law Corporation)
Cristobal M. Galindo
(Cristobal M. Galindo PC)
Defendant
Kevin Piekut
(Law Office of Kevin Piekut)
Experts
Plaintiff
Ted M. Kobayashi
(accident reconstruction)
Defendant
Geoffrey M. Miller M.D.
(orthopedist)
Gordon C. Lundy
(orthopedic surgery)
Thomas E. Hoyt M.D.
(orthopedic surgery)
Howard Tung M.D.
(orthopedic surgery)
Leslie A. Konkin
(orthopedic surgery)
Anthony E. Reading Ph.D.
(psychology)
Facts
On April 17, 2014, just after dawn, plaintiffs Eleanor Louise Colbert, Mohammad Hasim, Kentera Denisha Robertson, Ethel Mae Sloan-Baker, DaWonda Smith, Hector Orlando Ventura, Sr., and Bruce Parchcorn, were students learning to drive trucks at CR England Truck School. They were all being transported to the school in a van owned by C.R. England, and driven by defendant DeShari White, who was also a student at the school.
As they traveled westbound on Interstate 10, White lost control of the van going off the roadway, and down into a flood control channel.
Contentions
PLAINTIFFS' CONTENTIONS: Plaintiffs claimed that White was negligent in the operation of the vehicle and was the sole and proximate cause of the accident and was the sole and proximate cause of plaintiffs’ physical injuries and the wrongful death of Bruce Parchcorn.
DEFENDANTS' CONTENTIONS: Defendants claimed that a car had cut White off, causing him to brake and swerve. Further defendants contended that plaintiffs were not wearing their seat belts at the time of the incident and therefore contributed to their injuries/death.
Damages
Eleanor Colbert sought damages in the amount of $282,169, Mohammad Hasim sought $96,975, Kentera Roberson sought $115,912, Ethel Sloan Baker sought $53,040, Dawonda Smith sought $230,492, and Hector Ventura sought $177,285.
Injuries
Plaintiffs claimed they sustained fractures and psychological injuries.
Result
The case settled for $9 million.
Other Information
The case was mediated twice in front of Andrew S. Albert, resulting in settlement of all the claims.
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