Hilario Castro v. Judith Randolph and David Thomas c/w David Thomas and Sylvia Thomas v. Hilario Castro and Judith Randolph
Published: Oct. 22, 1994 | Result Date: Sep. 16, 1994 | Filing Date: Jan. 1, 1900 |Case number: MF271963 – $90,002
Judge
Court
San Bernardino Superior
Attorneys
Plaintiff
Jennifer R. Jacobs
(Office of the U.S. Attorney)
Defendant
John S. Lowenthal
(Lewis, Brisbois, Bisgaard & Smith LLP)
Experts
Plaintiff
Reynold L. Rimoldi
(medical)
Jerome Seeraty, D.O.
(medical)
Augustine Amerigo, D.C.
(medical)
Defendant
Kendall S. Wagner M.D.
(medical)
Facts
On September 24, 1991, at approximately 8:25 a.m., Plaintiff/Defendant Hilario Castro, a 51-year-old truck driver, was in the course and scope of his employment driving a loaded box truck. Castro contended that traffic was heavy on the northbound 215 Freeway, but was moving at speeds of 48-55 mph; that Castro was driving in the number 2 lane as was Defendant/Plaintiff David Thomas, a 54-year-old car salesman, driving a 1988 Ford Taurus and Defendant Judith Randolph driving a 1986 Corvette; that Randolph made a sudden stop for no apparent reason; and that as a result, Thomas who was traveling in cruise control slammed on his brakes and struck Randolph's vehicle in a rear end collision. Castro further contended that Thomas' vehicle then slid on the freeway; that Castro attempted to turn into the number 3 lane, but was unable to do so due to heavy traffic in that lane; and that Castro ultimately struck Thomas' vehicle twice causing it to strike the guardrail. Castro also contended that Thomas admitted (in his police statement) that there was a collision between his car and the Corvette; that it was due to the unexpected stop of Randolph; and that he was then struck by Castro in a rear end collision and driven into the center divider. Thomas contended that Randolph made a sudden lane change and slammed on her brakes in front of him. Randolph contended that she had been traveling in the number 2 lane for several miles before the accident occurred and simply slowed for vehicles that were slowing in front of her car. Randolph further contended that she was hit slightly by Thomas before the other collisions occurred.
Settlement Discussions
Castro contends that he demanded $15,000 policy limits from Thomas and $15,000 from Randolph and that Thomas offered $3,000 and Randolph made no offers. Castro further contends that he made a 998 demand in the amount of $15,000 policy limits to Thomas and Thomas offered $3,000. Thomas contends that he demanded $35,000 at the MSC with an indication of less and that Castro made a 998 demand in the amount of $14,001 to Thomas.
Specials in Evidence
$16,132 (Castro) $ 4,393 (Thomas) $34,000 plus (Castro) $ 18,266 (Thomas) none (Castro and Thomas) none (Castro and Thomas)
Damages
Plaintiff Castro asked the jury to award a total of $115,000.
Injuries
Castro: torn meniscus requiring arthroscopic surgery. Thomas: soft tissue neck and back requiring chiropractic care. Thomas' wife claimed loss of consortium.
Other Information
Thomas' wife was not awarded loss of consortium damages.
Deliberation
1.5 days
Poll
11-0, 9-2
Length
6 days
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