Dora Carter, Diana Anderson v. Juan Hernandez, Central Valley Covering
Published: Feb. 19, 1994 | Result Date: Nov. 18, 1993 | Filing Date: Jan. 1, 1900 |Case number: 287842 – $77,162
Judge
Court
Stanislaus Superior
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Wendy A. Petty
(medical)
Andy Yee
(medical)
Mitchell Swanson
(medical)
Facts
On September 11, 1992, at about 10:00 p.m., Defendant Juan Hernandez, an employee of Defendant Central Valley Covering, had picked up a load of tire halves at a location on Butler Road which intersects with Highway 132. These tire halves are used as weights or anchors to hold down plastic sheeting which covers silage piles on dairy farms. Hernandez did not tarp the load of 100-or-more tire halves and did not tie them down. Some 80 or so tires spilled onto the westbound lane of Highway 132 as Hernandez made a right turn from Butler Road. Plaintiffs were westbound on Highway 132, allegedly traveling at 55-65 mph in their automobile. When they came upon the pole of tires in the roadway, they struck them, became airborne, and overturned. Plaintiff Dora Carter, the driver, was a 30-year-old self employed business woman; and Plaintiff Diana Anderson was a 24-year-old reserve sheriff's deputy, at the time.
Settlement Discussions
Plaintiffs contend Carter demanded $45,000, Anderson demanded $25,000 and Defendants made a package offer of $32,500 increased to $37,700.
Specials in Evidence
$10,969 (Carter); $3,513 (Anderson) not claimed
Injuries
Both Plaintiffs claimed soft tissue neck and back with permanent myofascitis requiring physical therapy.
Other Information
A prior arbitration by Herman Meyer resulted in a Plaintiffs' award of $37,700 ($9,500 to Anderson; $28,200 to Carter); trial de novo by both parties.
Deliberation
3 hours
Poll
not available
Length
5 days
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