Wesley A. Miller, Jr. and Scott Miller v. Lee Orchards, et al.
Published: Mar. 2, 1996 | Result Date: Dec. 8, 1995 | Filing Date: Jan. 1, 1900 |Case number: 052033 – $0
Judge
Court
Yuba Superior
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Robert Milani
(medical)
Bernard R. Cuzzillo
(technical)
Lyman Lorenson
(technical)
Robert H. Dewberry
(Dewberry Firm)
(medical)
John Palmer
(medical)
Dennis I. Goslin
(technical)
Lindley Manning
(technical)
Dea Halverson
(medical)
Robert Vogel
(medical)
Milo D. Bell
(technical)
Robert McClellan
(medical)
Ross A. Little
(technical)
Joseph Balser
(technical)
Lowell Shifley
(technical)
Ziad Niazi
(medical)
Leonard Schaer
(medical)
Stanley A. Shatsky
(medical)
Albert J. Ferrari
(technical)
James V. Bonura
(medical)
Donald Harrington
(medical)
Robert E. Cartwright Jr.
(Cartwright Law Firm)
(medical)
L. Richard Morgan
(medical)
Luis Manuel Zavala
(medical)
Defendant
Robert Lindskog
(technical)
Garrison Kost
(technical)
Ronald Nelson
(technical)
John E. Moalli
(technical)
Stanley Stokes
(technical)
Kirk A. Blackerby
(technical)
William Kirby
(medical)
Facts
On October 15, 1991, the defendant truck driver was operating a truck overloaded with prunes owned by defendant truck owner, Lee Orchards, on Highway 70 at Geather River Boulevard. The truck lost its brakes due to a rupture in the primary cup of the master cylinder, failed to make the off-ramp turn out and drove off the ramp across Feather River Boulevard. The truck ran over the plaintiffs' vehicle and dragged it under the truck for 200 feet. Wesley Miller, Sr. (deceased), a 43-year-old contractor, Linda Miller (deceased), a 35-year-old part-time secretary, Wesley Miller, Jr., a 16-year-old high school student, and Scott Miller, a 13-year-old student, were in the plaintiffs' vehicle at the time of the accident. Wesley Miller, Sr. and Linda Miller, died as a result of the accident. The defendant, Midland Brake, Inc. ("Midland"), manufactured the brakes on defendant's vehicle. The defendant, State of California ("State"), was sued as the entity in possession of the off-ramp where the accident occurred. The plaintiffs, Wesley A. Miller, Jr. and Scott Miller, were the sons of Wesley and Linda Miller. They brought this action against the defendants driver, truck owner, Midland and State based on negligence, strict liability, products liability, wrongful death and dangerous condition theories of recovery.
Settlement Discussions
The plaintiffs demanded $2,000,000 from Midland and $500,000 from the State. Midland offered $200,000 and the State offered $5,000. The other defendants (the driver, the truck owner and the manufacturer of the truck) were sued on product liability theories of recovery and settled before trial for a total of $1,500,000.
Specials in Evidence
$216,404 past and future (Wesley Miller, Jr.); $199,804 (Scott Miller)
Damages
The plaintiffs alleged damages in the amount of $5,300,000 including $14,885 (funeral expenses for Wesley Miller, Sr. and Linda Miller) $3,000 (property damage to plaintiffs' vehicle) and $220,000 (loss of parental financial support).
Injuries
The plaintiffs alleged that the following injuries were sustained as a result of the accident: 1) the death of plaintiffs' parents, Wesley Miller, Sr. and Linda Miller; 2) Wesley Miller, Jr.: a mandibular fracture; loss of several teeth; continued pain and suffering while drinking hot or cold liquids requiring insertion of dental bridges; the likelihood of future dental surgery; raised scarring in the jaw, neck and shoulder areas on his left side requiring future surgical revision; loss of the epididymis and sperm-producing capability of the left testicle as a result of recurring epididymides; potential sterility resulting in distress and anxiety; a transected urethra necessitating extensive urethral surgery removal of the urethral strictures, and the likelihood of future stricture surgery; difficulty with urination; lack of flexion in the neck and back requiring cervical fusion; pain in the tailbone with prolonged sitting; and pain in the left thigh with exercise; and 3) Scott Lee Miller: fractures of first cervial spine (C-1) with subluxation and separation requiring craniospinal fusion; spinal injury, lack of flexion in his neck and back; residual injuries including fractured left femur; and pain in his tailbone with prolonged sitting.
Other Information
The verdict was reached approximately three years, two months and one week after the case was filed.
Deliberation
1.25 hours
Poll
11-1 (Midland), 12-0 (State)
Length
28 days
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