Allen Dowell v. Bay Alarm, et al.
Published: Feb. 8, 1997 | Result Date: Jul. 26, 1996 | Filing Date: Jan. 1, 1900 |Case number: 969442 – $0
Judge
Court
San Francisco Superior
Attorneys
Plaintiff
Louis A. Leone
(Leone, Alberts & Duus)
Defendant
Experts
Plaintiff
Victor A. Prieto
(medical)
Robert G. Liptai
(technical)
Milo D. Bell
(technical)
Marina Kasavin
(medical)
M. Patricia Fisher
(technical)
Defendant
Carl Borders Jr.
(medical)
Facts
On Aug. 11, 1994, plaintiff Allen Dowell, a 44-year-old truck driver, was driving his truck when it rearended by a pick-up truck operated by defendant Bay Alarm's employee. The accident occurred during the course and scope of the defendant driver's employment with the defendant company. The defendants admitted liability, but disputed causation. 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 $225,000 at arbitration, lowered to $125,000 at trial. The defendant made a C.C.P. º998 offer of compromise for $12,500.
Specials in Evidence
$4,203 $5,813 $30,753 combined
Injuries
The plaintiff alleged that he had pre-existing arthritis in his neck and in the right, major shoulder that was severely aggravated by the accident due to cervical and right shoulder sprains. The plaintiff claimed that he needed immediate shoulder surgery and future neck surgery.
Other Information
An arbitration resulted in an award of $50,000 plus cost in favor of the plaintiff. The defendants paid the plaintiff's property damage claim of $1,951 before the action was filed. EXPERT TESTIMONY: Defense expert Carl E. Borders, Jr. testified that the plaintiff's claim of cervical sprain was consistent with an injury caused by the accident, but the plaintiff could not have injured his shoulder in the subject accident.
Deliberation
1+ hours
Poll
11-1
Length
6 days
For reprint rights or to order a copy of your photo:
Email
jeremy@reprintpros.com
for prices.
Direct dial: 949-702-5390