Adela Carrillo and Miguel Castellanos v. Frances Wise
Published: Nov. 5, 1994 | Result Date: Oct. 14, 1994 | Filing Date: Jan. 1, 1900 |Case number: 137340 – $0
Judge
Court
Ventura Superior
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Ju-Sung Wu
(medical)
Russell W. Nelson M.D.
(medical)
Defendant
John G. Perry
(technical)
Lawrence P. Harter M.D.
(medical)
Garrett M. Casey
(medical)
Facts
On October 16, 1992, Plaintiff Miguel Castellanos, a 33-year-old owner of an ice-cream business, was driving a donut/ice-cream truck on "C" Street in Oxnard. Plaintiff Adela Carrillo, a 30-year-old assistant to Castellanos, was a passenger in the truck and was seated on a milk crate. Defendant Frances Wise was driving a Ford F250 pickup truck when she struck Plaintiffs' vehicle (which was stopped for traffic) in a rear end collision.
Settlement Discussions
Defendant contends that they made Carrillo a 998 offer in the amount of $4,000 and Castellanos a 998 offer in the amount of $5,600. Defendant further contends that Plaintiff Carrillo demanded $25,000 and Plaintiff Castellanos demanded $50,000.
Specials in Evidence
$11,348 (Carrillo) $11,975 (Castellanos) $8,640 (Carrillo) $4,380 (Castellanos) $40,000-$50,000 (Castellanos)
Damages
Plaintiff Carrillo asked the jury to award $4,000-$5,000 special damages plus pain and suffering. Plaintiff Castellanos asked the jury to award $50,000 in special damages plus pain and suffering. Defendant asked the jury to return a Defense verdict on causation.
Injuries
Carrillo: knee and soft tissue neck and back requiring chiropractic care, neurological exams, and a MRI. Castellanos: disc bulge/herniation at L4-5 requiring chiropractic care, neurological exams, orthopedic exams, a MRI, and fusion.
Other Information
The Court, in limine, precluded the Defendant from contending that Plaintiff Carrillo was negligent for sitting on an unsecured milk crate.
Deliberation
3 hours
Poll
9-3 for Plaintiffs on negligence, 9-3 for Defendant on causation
Length
4 days
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