Romina Faturechi Pourteymour, Roger Pourteymour and Tina Pourteymour v. Frank Heitman and Pearl Heitman
Published: Mar. 2, 1996 | Result Date: Aug. 4, 1995 | Filing Date: Jan. 1, 1900 |Case number: 678819 – $69,842
Judge
Court
San Diego Superior
Attorneys
Plaintiff
Defendant
Graham S.P. Hollis
(GrahamHollis APC)
Experts
Plaintiff
Sam Maywood
(medical)
John A. Grabel
(medical)
Richard C. Richley
(medical)
John S. Kitchin
(medical)
Defendant
William Laughlin Vetter
(medical)
Facts
On August 9, 1993, the plaintiffs, Romina Pourteymour, a a 45-year-old waitress, and Tina Pourteymour, her 14-year-old daughter, were crossing the valet parking area to go to their car following lunch at a restaurant. The defendant, Frank Heitman, was driving his defendant wife's, Pearl Heitman's, car when he put the car in reverse in a one-way drive through area and struck the plaintiff pedestrians as they attempted to cross the parking lot. The plaintiff, Roger Pourteymour, the plaintiffs' husband and father, watched the accident from his car. The plaintiffs brought this action against the defendants based on negligence and infliction of emotional distress (Dillion v. Legg) theories of recovery.
Settlement Discussions
The plaintiffs made a C.C.P. º998 settlement demand for $100,000. The defendants made a C.C.P. º998 offer of compromise for $25,000.
Specials in Evidence
$5,000 (Tina); $60,000 (Romina) $20,000 to $30,000 (Romina)
Damages
The plaintiff, Roger Pourteymour, claimed loss of consortium.
Injuries
The plaintiff, Romina Pourteymour, alleged that she sustained head, neck and back soft tissue injuries as a result of the accident, requiring a laminectomy for her lower back injuries, epidural injections for her neck injuries and physical therapy. The plaintiff, Tina Pourteymour, alleged that she sustained soft tissue back injuries requiring physical therapy and future back surgery as a result of the accident. The plaintiff, Roger Pourteymour, alleged that he suffered emotional distress as a result of the accident.
Other Information
The verdict was reached approximately one year and one month after the case was filed.
Deliberation
1 day
Poll
12-0; 9-3
Length
4 days
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