Patricia Burgess v. Nissan Motor Corporation in U.S.A.; Shirley Brande
Published: Feb. 22, 1997 | Result Date: Jan. 17, 1997 | Filing Date: Jan. 1, 1900 |Case number: VCV08594 – $352,000
Judge
Court
San Bernardino Superior
Attorneys
Plaintiff
David M. Ring M.D.
(Taylor & Ring)
Defendant
Experts
Plaintiff
John F. Perry
(technical)
Leonard LaCaze Jr.
(technical)
Arthur G. White
(medical)
Defendant
William 'Mike' Scott
(technical)
Robert Cromack
(technical)
Kendall S. Wagner M.D.
(medical)
Facts
On Dec. 20, 1990, plaintiff Patricia Burgess, a 27-year-old school teacher, claimed that the driver's seatback in her 1982 Datsun 210 unexpectedly collapsed backward after her vehicle was rearended by a vehicle driven by uninsured motorist Shirley Brande. The uninsured motorist was traveling at a low-rate of speed (five mph). The plaintiff was leaving the parking lot of a shopping center and was stopped at the intersection waiting to turn left, when the vehicle operated by defendant Brande rearended the Datsun. As a result of the impact, the driver's seatback collapsed backward, causing the plaintiff to rotate backward to a prone position. The unexpected body movement caused the plaintiff to suffer a ruptured disk in her lower-back at L5-S1. The plaintiff brought this action against the Nissan Motor Corporation in U.S.A. and Shirley Brande based on negligence, product liability and defective design theories of recovery.
Settlement Discussions
No offers of settlement were made by either side prior to trial.
Specials in Evidence
$91,000 $10,000 to $20,000
Injuries
The plaintiff claimed that she suffered a herniated disc at L5-S1, which resulted in back surgery two-and-one-half years after the accident.
Other Information
The verdict was reached approximately five 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 _____________ .
Deliberation
2 days
Poll
___________ (#s pls.)
Length
10 days
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