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Personal Injury (Vehicular)
Truck Accident
Automobile Collision

Porsia and Cortez Rucker v. Frito-Lay Inc., et al.

Published: Oct. 15, 1994 | Result Date: Sep. 23, 1994 | Filing Date: Jan. 1, 1900 |

Case number: N60828 –  $0

Judge

Runston G. Maino

Court

San Diego Superior


Attorneys

Plaintiff

Roger Y. Muse
(Excelsior Law)

David L. McKenzie


Defendant

Richard H. Shipley


Experts

Plaintiff

Charles E. Fuerst
(medical)

Bert L. Rogers Jr.
(technical)

Defendant

Peter B. Wile
(medical)

David A. Casteel
(technical)

Facts

On September 17, 1992, Plaintiff Porsia Rucker, a 28-year-old secretary, contended that Defendant Jonathan Kahl while in the course and scope of his employment for Defendant Frito-Lay Inc., cut her off while making an unsafe right turn. Defendants contended that Defendant Frito-Lay truck driver Kahl was attempting to make an appropriate and safe turn; Rucker got impatient and tried to pass, unsafely, to the right of the Frito-Lay truck.

Settlement Discussions

Defendant contends that they made no offers and that Plaintiff initially demanded $257,000 and then made a 998 offer in the amount of $68,000.

Specials in Evidence

$7,823 $32,630 unknown $31,000

Damages

Plaintiff asked the jury to award $2,849 in property damage and an unspecified amount in general damages. Plaintiff's husband asked the jury to award an unspecified amount for loss of consortium.

Injuries

Herniation at L5-S1 requiring a MRI, physical therapy, and possible future arthrodesis; soft tissue neck and back requiring a MRI and physical therapy. Plaintiff's husband claimed loss of consortium.

Deliberation

15 minutes

Poll

10-2

Length

4 days


#78203

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