Joseph Morris v. County of San Diego, Sheriff's Dept., Juan Jasso, Juan Oropeza
Published: Nov. 9, 1996 | Result Date: Sep. 5, 1996 | Filing Date: Jan. 1, 1900 |Case number: N70400 – $0
Judge
Court
San Diego Superior
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Donald E. Reierson
(technical)
Mark Goldberg
(medical)
Wayne Wilkerson
(medical)
Richard G. Whalley
(technical)
Robert Metcalf
(technical)
Defendant
Gary Cantrell
(technical)
Ernest E. Phillips
(technical)
Facts
On April 3, 1994, plaintiff Joseph Morris, a 47-year-old unemployed lumber warehouseman was delivering newspapers eastbound on Mission Road in the City of San Marcos. Prior to the collision, deputy Kevin Price was following defendant Juan Jasso, who was traveling 87 mph in a 45 mph zone. Both defendant Jasso and the deputy were traveling eastbound on Mission, when defendant Jasso made a U-turn and headed westbound on Mission Road. The plaintiff was making a left turn at an intersection when defendant Jasso's car collided with the plaintiff's car. The plaintiff brought this action against the defendants, the county and Jasso, based on negligence and failure to warn theories of recovery. Defendant Jasso, who was intoxicated, was subsequently arrested, imprisoned, then deported. He was not available for trial and indefault.
Settlement Discussions
The plaintiff made a pretrial settlement demand of $400,000 and a (C.C.P. º998?) settlement demand for $ _________. The defendant county made a settlement offer of $ ________ (C.C.P. º998 ?).
Specials in Evidence
$130,000 $400,000 $15,000
Damages
$543,000 (economic); $174,000 (non-economic)
Injuries
The plaintiff's right leg was amputated below the knee.
Other Information
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 ____________ (affiliation or court), resulting in _____________. The jury found that defendant Jasso was negligent and caused the accident, and that defendant Jasso was 100% responsible for the plaintiff's injuries and damages. The plaintiff received two negligence per se instructions from the trial judge against the sheriff's department. EXPERT TESTIMONY: Per the plaintiff, the Sheriff's Department's police procedures expert admitted that the pursuing deputy's speed without emergency lights violated both Sheriff's Department procedures and the California Vehicle Code.
Deliberation
2+ hours
Poll
11-1
Length
6 days
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