Noel Sauls and Cecilia Cabrera v. Scott Rettberg
Published: Oct. 19, 1996 | Result Date: Sep. 18, 1996 | Filing Date: Jan. 1, 1900 |Case number: 077112 – $0
Judge
Court
Riverside Superior Palm Springs
Attorneys
Plaintiff
Defendant
Douglas D. Cullins
(Cullins & Grandy LLP)
Experts
Plaintiff
Mortimer N. Moore
(technical)
Darrell O. Clardy
(technical)
Defendant
Warren E. Clark
(technical)
Maureen F. Black
(technical)
Facts
On July 9, 1994, decedent Michael Cabrera, a 32-year-old unemployed model, was driving a 1994 Honda Accord eastbound on Frank Sinatra Drive. Plaintiff Noel Sauls, a 28-year-old waitress was seated at the right front seat passenger in the Honda Accord. Defendant Scott Rettberg was driving a 1994 Ford Bronco southbound on Bob Hope Drive. The two cars collided in the intersection of Bob Hope and Frank Sinatra. The decedent was killed in the accident. Plaintiff Cecilia Cabrera, the sole surviving heir and mother of Michael Cabrera, and plaintiff Noel Sauls brought this action against the defendant based on negligence theories of recovery. Prior to trial, plaintiff Sauls settled with the decedent's estate for the policy limits of $100,000.
Settlement Discussions
The plaintiffs made a combined settlement demand for $1 million (per the defendant) or for the policy limits of $100,000 each (per the plaintiffs). The defendant made C.C.P. º998 offers of compromise of $2,500 to each plaintiff.
Specials in Evidence
$120,000 (plaintiff Sauls) $20,000 (plaintiff Sauls)
Injuries
Plaintiff Cabrera suffered the loss of a 32-year-old son. Plaintiff Sauls alleged she sustained serious injuries including rib fractures, a broken jaw, a pelvic bone broken in three places, a collapsed lung, multiple facial bone fractures, a left scapular fracture, abdominal injuries, intracranial injury and other head injuries. Plaintiff Sauls was in the ICU for five days and in the hospital 11 days. She also underwent surgery to repair her spleen and her jaw.
Result
The verdict was reached approximately ________ years and _________ months after the case was filed. A settlement/conference/arbitration/mediation was held on ____/____/19___ before _______ (name) of ___________ (affilaition or court) resulting in _______________. EXPERT TESTIMONY: ___________.
Other Information
The verdict was reached approximately two years and one month after the case was filed. The issue of damages was not presented at trial, as the trial was bifurcated and this phase dealt with liability only. SETTLEMENT CONFERENCE: A settlement conference was held on Feb. 10, 1996 before Judge Fry. It did not resolve the matter.
Deliberation
2+ hours
Poll
11-1
Length
7 days
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