Mark Mosqueda v. City of Oxnard and Hector Cortez
Published: Oct. 19, 1996 | Result Date: Jul. 12, 1996 | Filing Date: Jan. 1, 1900 |Case number: CIV121587 – $85,258
Judge
Court
Ventura Superior
Attorneys
Plaintiff
Defendant
Thomas E. Beach
(Beach Law Group LLP)
Experts
Plaintiff
Craig MacClean
(medical)
E. Jeffrey Barney
(medical)
Defendant
Jerome Covin
(medical)
Facts
On July 27, 1991, plaintiff Mark Mosqueda, a 33-year-old trash truck driver for the defendant City of Oxnard, was picking up trash from a trash dumpster. Defendant Cortez, who was not a regular driver, was driving the trash truck, as this was a special extra trash pick-up day. The plaintiff stepped in to help unload the dumpster after he and the driver miscommunicated through the driver's mirror and by motions, over the noise. The dumpster fell on the plaintiff's left foot. The plaintiff brought this action against the defendants, Hector Cortez and the city of Oxnard, based on negligence and respondeat superior theories of recovery.
Settlement Discussions
The plaintiff made a C.C.P. º998 settlement demand for $_________. The defendants made a C.C.P. º998 offer of compromise for $__________.
Specials in Evidence
$__________ $__________ $__________ $__________
Injuries
The plaintiff was an insulin-dependent diabetic. He alleged he suffered a fracture and other injuries to his left foot, requiring surgical repair. Subsequently, and unrelated to this accident, his right leg below the knee and several fingers amputated because of diabetes.
Other Information
The verdict was reached approximately three years and ten months after the case was filed. A settlement conference/arbitration/mediation was held on ____/____/19___ before __________________ (name) of ___________________ (affiliation or court) resulting in _________________.
Deliberation
_____ hours
Poll
_____ (numbers pls.)
Length
5 days
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