Rodolfo Madariaga v. California Auto Dealers Exchange
Published: Jun. 11, 1994 | Result Date: Feb. 4, 1994 | Filing Date: Jan. 1, 1900 |Case number: 671189 – $158,565
Judge
Court
Orange Superior
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Jeffrey Gahr
(medical)
Karl E. Epstein
(medical)
Theodore Vavoulis
(technical)
Defendant
James R. Miller
(medical)
Wayne Gradman
(medical)
Facts
On October 31, 1990, Plaintiff Rudolfo Madariaga, a 59-year-old car dealer, was crushed between two automobiles at a wholesale automobile auction. The named Defendant was California Auto Dealers Exchange. Plaintiff had been a regular customer of Defendant CADE auction and stepped between two automobiles which were waiting to be registered. The person at fault was not identified. The driver was believed to have had an identification badge issued by the Defendant CADE after being informed that the driver was an employee of a dealer-customer. The driver who caused the injury, however, ran off before being identified. The premises liability theory of the case was dismissed on a motion for nonsuit, filed by Defendant CADE.
Settlement Discussions
Plaintiff contends they demanded $200,000 and Defendant CADE offered $30,000. Defendant CADE contends that, although they would have offered as much as $100,000, Plaintiff's insistence on a demand of $200,000, disabled the increase in its offer.
Specials in Evidence
$18,500 (per Plaintiff) $24,000 (per Defendant) $156,000 $60,000
Damages
Plaintiff asked the jury for $250,000 economic damages and $400,000 pain and suffering.
Injuries
Torn medial meniscus requiring arthroscopic surgery; residual edema in the leg.
Result
The jury found liability on the theory of agency/employment stating that the driver was an agent or employee of CADE.
Deliberation
1.5 days
Poll
10-2
Length
10 days
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