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Personal Injury (Vehicular)
Automobile Accident
Negligence

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

K. Peter Saiers

Court

San Joaquin Superior


Attorneys

Plaintiff

Glenn H. Ehlers


Defendant

Russell J. Callison

Dennis G. Seley


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


#79067

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