Anthony C. Schmierer and Debra Schmierer v. Interstate International Inc., Jesus F. Estrada
Published: Dec. 21, 1996 | Result Date: Oct. 24, 1996 | Filing Date: Jan. 1, 1900 |Case number: 285987 – $621,215
Judge
Court
San Joaquin Superior
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Mark Endicott
(medical)
Albert R. Gutowski
(technical)
Peter N. Sfakianos
(medical)
William Neumann
(technical)
Gary D. Nibbelink
(medical)
Defendant
Harry A. Khasigian
(medical)
Andrew M. O'Brien
(medical)
Facts
On Aug. 4, 1994, plaintiff Anthony Schmierer, a 39-year-old drilling foreman, was standing with Willard Cline, between two vehicles, adjusting a tow bar. Defendant driver Jesus Estrada, an employee of defendant Interstate International Inc., was exiting northbound Interstate 5 at Downing Avenue when he momentarily dozed off, allowing his vehicle to drift to the right of the edge stripe where it collided with the two vehicles which were under tow and parked along the right side of the off ramp. The plaintiff was seriously injured and Cline was killed. The plaintiffs, Schmierer and his wife, brought this action against the defendants based on negligence and respondeat superior theories of recovery.
Damages
The plaintiff wife sought damages for loss of consortium. She was required to give home nursing care throughout the period of her husband's convalescence. The marital relationship allegedly remains disrupted in many aspects, including intimate relations, home maintenance, and recreational activities.
Injuries
The plaintiff husband allegedly sustained a comminuted fracture of the lateral plateau and metaphysis of the right tibia, a comminuted fracture of the proximal left tibia with metaphyseal medial and lateral plateau components, a comminuted fracture of the left fibular head complex, displaced, and a right leg peroneal nerve injury, resulting in traumatic arthritis bilateral knees, scars and impaired mobility.
Other Information
The verdict was reached approximately one year and 10 months after the case was filed.
Deliberation
6 to 8 hours
Poll
10-2 (liability), 12-0 (damages)
Length
3 weeks
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