Evelia P. Soto v. G.I. Rubbish Equipment Leasing Corporation
Published: Mar. 12, 1994 | Result Date: Feb. 25, 1994 | Filing Date: Jan. 1, 1900 |Case number: 102764 – $195,753
Judge
Court
Ventura Superior
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Robert S. Brown
(medical)
Christopher Costanzo
(medical)
Roger Lytel
(technical)
Britton del Rio
(medical)
Facts
On August 28, 1987, Plaintiff Evelia P. Soto, a 22-year-old unemployed woman, was riding with her boyfriend in a garbage truck. He was picking up trash on his regular route. He testified that, after he stopped the trash truck, he looked to his left and allowed the truck to move forward to allow room for another vehicle to pass; while this was occurring, he realized he had run over his girlfriend's leg, stopped the truck on top of her leg, and then backed the truck off of it. The only Defendant was G.I. Rubbish; the Plaintiff did not sue her boyfriend, the driver of the truck. Plaintiff and the driver live together as husband and wife and have had two children since the accident. Plaintiff speaks only Spanish.
Settlement Discussions
Defendant contends they offered $90,000 and Plaintiff's initial demand was $400,000 increased to $1,000,000 during closing argument. Plaintiff contends Defendant made no firm demand.
Specials in Evidence
$80,000 waived $60-90,000
Injuries
Comminuted and compound fractures of the left leg requiring five surgeries, including three skin grafts, open reduction internal fixation, and amputation of the left major toe; Plaintiff is ambulatory and will require six additional skin graft surgeries.
Other Information
Defendant's insurer had previously advanced $62,096; a Motion for Off-set is currently being filed with the Court to reduce the judgment to zero.
Deliberation
1 day
Poll
10-2
Length
6 days
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