Casey Lewis v. Waste Management of Northern California; Oakland Scavenger
Published: Jun. 7, 1997 | Result Date: Mar. 6, 1997 | Filing Date: Jan. 1, 1900 |Case number: 7481332 Verdict – $11,204
Judge
Court
Alameda Superior
Attorneys
Plaintiff
Steven L. Derby
(The Derby Law Firm)
Defendant
Experts
Plaintiff
Robert A. Rovner
(medical)
John W. Cargile
(technical)
Defendant
Roman R. Beyer
(technical)
Facts
On March 1, 1994, Casey Lewis, a 36-year-old yellow pages advertising executive, was traveling southbound on the 880 Freeway in Oakland when defendant Waste Management of Northern California's garbage truck entered into the plaintiff's lane of travel, dropping concrete and debris. The debris struck the plaintiff's windshield, causing the plaintiff to swerve into another lane and causing his vehicle to strike another vehicle. The plaintiff brought this action against Waste Management of Northern California (previously known as Oakland Scavenger) based on negligence theories of recovery.
Settlement Discussions
The plaintiff made a settlement demand for $75,000 on the eve of trial, reduced to $50,000 during jury deliberations. The defendants made a settlement offer of $22,500 (per the plaintiffs). Per the defendants, they made no settlement offers.
Damages
The plaintiff asked for $180,000. The defense asked for a defense verdict or $1,204 for the damage to the plaintiff's windshield.
Injuries
The plaintiff claimed he suffered neck and back injuries.
Other Information
The verdict was reached approximately two years and two months after the case was filed. An arbitration was held on June 5, 1996 before James Martin of Alemeda Superior Court, resulting in an award of $22,500. The plaintiff requested a trial de novo. The defendants were entitled to seek costs in excess of the judgment under C.C.P. º1141.21. Therefore, the case subsequently settled for an undisclosed sum. EXPERT TESTIMONY: Plaintiff's expert Dr. Rovner testified that the plaintiff suffered a severe injury to his neck and back; that he had a pre-existing cervical fusion at C5-6 which had healed; and that all his present symptoms were due to the subject accident. Defense expert Roman Beyer testified that the plaintiff's vehicle was struck by road debris that was set in motion by the defendant's truck.
Deliberation
1 day
Poll
varied
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