Ronald I. Wolfe v. Edmondson Construction Company, et al.
Published: Jun. 7, 1997 | Result Date: May 8, 1997 | Filing Date: Jan. 1, 1900 |Case number: 260217 – $0
Judge
Court
Riverside Superior
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Mitchell Colten
(medical)
Michael Cummings
(medical)
Leonard LaCaze Jr.
(technical)
Defendant
Ronald A. Sealey
(technical)
Richard N. Selby
(medical)
Facts
In March 1994, plaintiff Ronald Wolfe, a 59-year-old business owner, was driving his Ford pickup truck eastbound on Highway 74, a two-lane highway, when he collided with defendant Edmondson Construction Company's Caterpillar road grader at the intersection of Highway 74 and Richards Road in Lake Elsinore. The plaintiff claimed that the defendant's vehicle was performing road grading on the shoulder of Highway 74 and suddenly backed out from Richards Road onto Highway 74 and struck his pick-up truck broadside. The plaintiff claimed that he could not veer into the lane to his left to avoid the collision because there was an oncoming vehicle that would have struck his vehicle head-on. The plaintiff's vehicle was impacted on the right front quarter panel of his pick-up truck, beginning at the headlight, and the scrapes went all the way along the right side. The damage protruded only one inch into the plaintiff's vehicle. The plaintiff did not lose control of his vehicle as a result of the impact and did not veer outside of his lane at any time after the impact. The plaintiff brought his pick-up truck to a complete stop about 1,000 feet from the point of impact, parked it on the shoulder, and walked back to the Caterpillar operator to exchange information. The plaintiff brought this action against the defendant driver and his employer based on a negligence theory of recovery.
Settlement Discussions
The plaintiff made a C.C.P. º998 settlement demand for $250,000. The defendant made a C.C.P. º998 offer of compromise for $75,000.
Specials in Evidence
$86,609 $29,000 $2,500
Injuries
The plaintiff alleged he suffered a neck injury at C5-6 and ulna nerve damage, requiring elbow surgery, and concussion resulting cognitive deficits. The plaintiff underwent neck surgery on the day trial commenced. He was absent from trial the first two days, but appeared and testified on the third day. MRI films taken shortly after the accident showed degenerative arthritis in the neck. Another MRI taken shortly before trial showed further degeneration in the neck. The defendants argued that the neck surgery was due to further degeneration in the spine and was not exacerbated by the accident. The plaintiff also underwent "tennis elbow" surgery two years after the accident, which the defendants argued pre-existed the accident. The defendants also argued that the plaintiff had the same elbow surgery 12 years before the accident and that substantial scar tissue had developed, causing his current symptoms. The defendants also claimed the plaintiff lied in his interrogatory answers, as he denied prior elbow surgery and/or elbow problems.
Other Information
The verdict was reached approximately two years and two months after the case was filed. An arbitration was held resulting in an award of $34,258. The plaintiff was an uninsured motorist at the time of the accident. The defendant filed a motion in limine pursuant to Proposition 213 to exclude the plaintiff's claim for general damages. Defense counsel reported that Judge Gaut refused to uphold Proposition 213, stating that it was unconstitutional because it violated the due process clause. The accident occurred in 1994 and the plaintiff's complaint was filed in January 1995. The judge argued that the retroactive application of Proposition 213 clearly violated the plaintiff's due process.
Deliberation
4 hours
Poll
11-1
Length
5 days
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