Renee A. Jenkins, et al. v. Jay Robert Tscharner, et al.
Published: Mar. 26, 1994 | Result Date: Feb. 17, 1994 | Filing Date: Jan. 1, 1900 |Case number: 45680 – $131,800
Judge
Court
Nevada Superior
Attorneys
Plaintiff
Richard S. Linkert
(Matheny, Sears, Linkert & Jaime LLP)
Defendant
Richard M. Jacobson
(Jacobson Markham LLP)
Experts
Plaintiff
Kathleen Brady
(medical)
John J. Geraghty
(medical)
Charles A.T. Gill
(medical)
Facts
On March 12, 1991, Plaintiff Renee Jenkins, a 35-year-old homemaker, traveled with her husband Michael and their 2 minor sons to a point approximately 15 miles east of Nevada City along California Highway 20 in a mountainous area. Mr. Jenkins parked the family pick-up truck approximately 9 feet off the highway, near the bottom of a downhill left-hand curve. Defendant Tscharner dba United Evergreen was driving a 14-foot Ford bobtail van across Highway 20 from Reno, Nevada. It had been lightly snowing. Defendant lost control of the van in the snowy conditions, glanced off a tree, and collided with the rear of the Jenkins' truck. At the time, Plaintiff Renee Jenkins was standing next to the truck. She was knocked to the ground and lost consciousness momentarily. Mr. Jenkins was standing nearby and witnessed his wife's being injured. (Plaintiffs' motion to amend their complaint at trial to add a bystander recovery theory of liability was denied by the Court.) The Defendant admitted fault at the scene and was cited for violation of the Vehicle Code Section 22350.
Settlement Discussions
Defendant contends his highest offer was $75,000 and Plaintiffs' lowest demand was $250,000.
Specials in Evidence
$25,000 $________
Damages
Plaintiffs argued for special damages in the range of $300,000 to $475,000 for Mrs. Jenkins; general damages of $4-600,000 for Mrs. Jenkins; and loss of consortium damages in the range of $250,000 to $350,000 for Mr. Jenkins. Defense counsel asked the jury to award the sum of $25,818 total damages to Mrs. Jenkins and nothing for Mr. Jenkins.
Injuries
Severe headaches, arm pain, inability to use either arm, severe neck pain with restricted motion; hearing loss, tinnitus memory loss, lightheadedness and disabling vertigo -- all requiring chiropractic treatment and diagnostic examinations. Plaintiff's husband claimed loss of consortium injuries due to the fact that Mrs. Jenkins is nearly totally dysfunctional requiring Mr. Jenkins to complete nearly all family functions.
Other Information
(1) A prior arbitration by Lloyd Hinkelman resulted in a Plaintiff's award of $116,000 to Mrs. Jenkins and $20,000 to Mr. Jenkins; trial de novo by Plaintiff. (2) There was no objective evidence to explain Plaintiff's level of disability and physical complaints. (3) Plaintiff's expert, Dr. Charles Gill, testified that Plaintiff suffered from undifferentiated somatoform disorder. (4) Plaintiffs' motion for a directed verdict on the issue of contributory negligence on the part of Plaintiffs was granted.
Deliberation
4.5 hours
Poll
10-2 liability, 10-2 damages
Length
5 days
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