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
Court
San Diego Superior
Attorneys
Plaintiff
Roger Y. Muse
(Excelsior Law)
Defendant
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
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