Brett Roberts, Constance Roberts v. Benjamin Curtin, Pamela Leonard
Published: Apr. 17, 2020 | Result Date: Jan. 28, 2020 | Filing Date: Apr. 6, 2017 |Case number: 17CV01522 Verdict – $5,600
Judge
Court
Santa Barbara County Superior Court
Attorneys
Plaintiff
Brian J. Ward
(Trial Lawyers For Justice)
Daniel C. Schaar
(Carpenter, Zuckerman & Rowley LLP)
Defendant
Andrew C. Hubert
(Lewis, Brisbois, Bisgaard & Smith LLP)
Experts
Plaintiff
David R. Patterson M.D.
(physical medicine and rehabilitation)
Opada Alzohaili M.D.
(endocrinology)
Randall R. Benson M.D.
(neurology)
Elizabeth P. Cisneros Ph.D.
(psychology)
Defendant
Lorne S. Label M.D.
(neurology)
Cary D. Alberstone M.D.
(neurosurgery)
Ted D. Evans Ph.D.
(psychology)
Michael N. Brant-Zawadzki M.D.
(neuroradiology)
Facts
On April 28, 2015, plaintiffs Brett and Constance Roberts were traveling northbound on Chapala Street in Santa Barbara when their vehicle was struck from the side by a vehicle driven by defendant Pamela Leonard. Leonard was driving a vehicle owned by her son-in-law, defendant Benjamin Curtis.
Plaintiffs brought this action against defendants based on motor vehicle liability and general negligence.
Contentions
PLAINTIFF'S CONTENTIONS: Plaintiffs alleged that defendant Leonard failed to stop for the stop sign.
DEFENDANT'S CONTENTIONS: Defendant admitted liability and but disputed the extent of plaintiff's injuries.
Insurer
Auto Club.
Settlement Discussions
Plaintiff made a CCP 998 demand of $200,000 (policy limit), which was rejected by defendant.
Damages
Plaintiff alleged need for future medical expense for lifetime monthly injections of human growth hormone at $30,000/year. Plaintiff also alleged past and future non-economic losses of $6 million to $10 million.
Injuries
Plaintiff alleged traumatic brain injury with damage to pituitary gland and deficient human growth hormone and testosterone. Plaintiff alleged inability to work at full capacity.
Result
The jury returned a verdict for plaintiff in the amount of $5,600, which consisted of past non-economic damages only. Plaintiff's wife previously settled for $20,000.
Deliberation
two hours
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