Allyson Leanne Smith v. Hillary Dawn McClurg, et al.
Published: Nov. 9, 1996 | Result Date: May 15, 1996 | Filing Date: Jan. 1, 1900 |Case number: 94DR0260 – $0
Judge
Court
Humboldt Superior
Attorneys
Defendant
Experts
Plaintiff
William R. Neuman
(technical)
Defendant
Garreth Dale Perrine
(technical)
David Schiff
(medical)
Facts
On Sept. 13, 1993, the plaintiff, a 35-year-old county employee, was driving north/southbound on I street in _________ (city). As the plaintiff approached the intersection of 5th street, the plaintiff stopped at the crosswalk just before the intersection despite having a green light because there was heavy traffic in front of her, and she was concerned about blocking the intersection in case the light turned red. The three vehicles behind her were driven by defendant 1st Driver, defendant 2nd Driver and the defendant truck driver (an employee of the defendant meat company), respectively. The defendant truck driver rear-ended defendant 2nd Driver's vehicle and each successive vehicle was rear-ended until the plaintiff's vehicle was struck from behind. The sequence and order of the various rear-ender accidents was disputed amongst the parties. The plaintiff brought this action against the defendants based on negligence and respondeat superior theories of recovery.
Settlement Discussions
The plaintiff made a C.C.P. º998 settlement demand for $9,999 from defendant 1st Driver. Defendant 1st Driver made a C.C.P. º998 offer of compromise for $2,501. The other defendants made no offers.
Specials in Evidence
$18,807 $26,038 $ _______ $ _______
Damages
The plaintiff asked the jury to award general damages of 40,000 to $60,000 for pain and suffering, in addition to special damages.
Injuries
The plaintiff alleged she sustained soft-tissue injuries to her neck, back and shoulder.
Other Information
The settlement 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 settlement was reached after a verdict in favor of the plaintiff against the defendant truck driver and the defendant meat company in the amount of $17,300, of which $14,300 was awarded for economic damages and $3,000 for non-economic. Defendant 1st Driver received a judgment for costs in the amount of $7,261.17, including expert witness fees pursuant to the C.C.P. º998 offer. The plaintiff filed a motion for new trial and a motion for judgment notwithstanding the verdict against all defendants. Defendant 1st Driver agreed to reduce her judgment to the amount of $4,800 in exchange for the plaintiff's agreement to drop her post-trial motions and to waive any right to appeal against defendant 1st Driver. On May 3, 1996, Judge J. Michael Brown granted plaintiff's motion for new trial against the defendant truck driver and the defendant meat company based on a finding "that there was not substantial evidence to justify the verdict of $14,300 in economic damages, yet only $3,000 in non-economic damages." The court proposed an additur to the judgment, bringing the total judgment to $26,000 in favor of the plaintiff. If the defendants meat company and the defendant truck driver agreed to pay the increased sum of $26,000, Judge Brown indicated he would then deny the motion for new trial. The case subsequently settled between the plaintiff and these defendants.
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