Javier Reyes Zavala, et al. v. Gregory C. Oldoerp, et al.
Published: Mar. 19, 1994 | Result Date: Mar. 1, 1994 | Filing Date: Jan. 1, 1900 |Case number: 680093 – $0
Judge
Court
Orange Superior
Attorneys
Plaintiff
Defendant
Deborah L. O'Connor
(JAMS)
Experts
Defendant
Mortimer N. Moore
(technical)
Michael J. Einbund M.D.
(medical)
Barry Friedman
(medical)
Facts
On February 11, 1991, Plaintiffs, two maintenance workers riding in a maintenance cart, were attempting to cross Main Street in Huntington Beach. The Plaintiffs were Javier Reyes Zavala, the 37-year-old driver, and Manuel Nelson Granados, the 25-year-old passenger. They were leaving a parking lot of an office complex to go to the parking lot of a shopping center. Defendant Gregory C. Oldoerp was attempting to turn his automobile left, out of the shopping center, to head northbound on Main. The vehicles collided, and both Plaintiffs were ejected from the cart.
Settlement Discussions
Defendant contends he made 998 offers of $10,001 to Zavala and $4,600 to Granados and Plaintiffs' demands were not specified, but exceeded six figures.
Specials in Evidence
$32,418 (Zavala), $22,288 (Granados) $20,262 (Zavala), $3,505 (Granados)
Injuries
Zavala: fractured scapula requiring immobilization; soft tissue and contusions to the back, neck, legs, and head requiring physical therapy; continuing disability and pain from shoulder injury requiring vocational rehabilitation (estimated to cost $22,605). Granados: soft tissue neck and back requiring ongoing physical therapy.
Other Information
A prior arbitration by Susan Cameron Kelley resulted in Plaintiffs' awards of $100,000 to Zavala, $50,000 to Granados, and $62,679 to Plaintiff-in-Intervention; trial de novo by Defendant.
Deliberation
2 hours
Poll
12-0
Length
5 days
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