Tomas Daniel Mejia, a minor by and through his GAL, Marcella Mejia, et al. v. Saddleback Valley Unified School District, Richard Hagin, et al.
Published: Oct. 26, 1996 | Result Date: Sep. 18, 1996 | Filing Date: Jan. 1, 1900 |Case number: 750436 – $5,427,060
Judge
Court
Orange Superior
Attorneys
Plaintiff
Defendant
Bruce Rorty
(Law Office of Bruce V. Rorty)
J. Michael DeClues
(Declues, Burkett & Thompson APC)
Experts
Plaintiff
Harry J. Krueper Jr.
(technical)
Donna M. Barras
(medical)
Kenneth L. Nudleman M.D.
(medical)
Defendant
Richard N. Selby
(medical)
Facts
The week of Aug. 22, 1994 to Aug. 26, 1994 was the first week of the official cross-country practice for El Toro Cross Country Team. The defendant coach, Richard Hagin, employed by defendant Saddleback Valley Unified Schol District, asked the defendant team captain, (settled), to drive the plaintiffs, Tomas Mejia and Carlos E. Marchan, to and from cross-country practice during the week. On Friday, Aug. 26, 1994, after a 10-mile run to Laguna Beach, the boys were driven back to school by the coach. Defendant Pennell then proceeded to take plaintiffs Mejia and Marchan and a third student and have something to eat on the way home. After eating at a fast food restaurant, the settled defendant was taking the boys back to their homes when the automobile accident happened. The settled defendant admitted liability. The plaintiff, the passenger and plaintiff Mejia's parents, brought this action against the defendants based on negligence theories of recovery.
Settlement Discussions
The plaintiffs made a settlement demand to defendant Hagin and the defendant school district for $1.5 million each. The defendant school district offered a high/low of $300,000 and a maximum of $1.5 million if the case was bifurcated and tried on liability only. The settled defendant tendered policy limits of $130,000 to each plaintiff. Plaintiff Mejia demanded $1.9 million before trial.
Specials in Evidence
$287,121 (Plaintiff Mejia)
Injuries
Plaintiff Mejia sustained massive brain injuries, a fracture to the fact (?) and orbit bones, a fractured femur, and is in a permanent vegetative state.
Other Information
The verdict was reached approximately one year and two months after the case was filed. A motions for new trial and for judgment notwithstanding the verdict are set for Nov. 8, 1996 being drafted by the plaintiffs on the issue of course and scope of agency. EXPERT TESTIMONY: Defense expert witness Roy Fielding, an expert on traffic signal timing, was called by the plaintiffs to testify and instead all parties stipulated he would testify that the settled defendant ran a red light causing the accident.
Deliberation
1+ days
Poll
10-2 (that Coach Richard Hagin undertook to provide transportation), 11-1 (that the driver was not in course and scope at time of accident)
Length
7 days
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