Jene Douglas and David Gunkel v. Jocelyn Fischer
Published: Mar. 8, 1997 | Result Date: Oct. 3, 1996 | Filing Date: Jan. 1, 1900 |Case number: 273446 – $5,328
Judge
Court
San Joaquin Superior
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Michael Yates
(medical)
Roderick D. Stroud
(technical)
Defendant
R. Lloyd Friesen
(medical)
Facts
On June 23, 1993, plaintiffs David Gunkel, a 37-year-old truck driver, and Jene Douglas, a 21-year-old roofer, were traveling westbound on Elm Street in Lodi. Defendant Jocelyn Fischer, traveling eastbound, turned left toward a driveway in front of the plaintiffs' vehicle causing a collision. The plaintiffs brought this action against the defendant based on negligence theories of recovery.
Settlement Discussions
Plaintiff Gunkel made a settlement demand of $20,000. The defendant made a settlement offer to Gunkel of $3,500. Plaintiff Douglas made a C.C.P. º998 settlement demand of $20,000. The defendant made a settlement offer to Douglas of $2,000.
Specials in Evidence
$7,175 (plaintiff Gunkel); $4,011 (plaintiff Douglas) $190 (plaintiff Douglas)
Injuries
Plaintiff Gunkel claimed that he suffered pain to his head, back, neck and hip, with residual neck and shoulder blade stiffness and soreness. Plaintiff Douglas claimed that he suffered cuts on his face (no stitches) with head, back and elbow pain, and residual back pain and headaches.
Other Information
The verdict was reached approximately two years and five months after the case was filed. An arbitration was held on March 20, 1996 before Daniel Lambertson, Esq. resulting in an arbitration award for the plaintiffs ($19,931 to plaintiff Gunkel and $10,883.25 for plaintiff Douglas). The defendant requested a trial de novo.
Deliberation
3 hours
Poll
9-3
Length
4 days
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