Jessica Angier and Elizabeth Drake v. Samuel Dove
Published: Oct. 18, 1997 | Result Date: Sep. 9, 1997 | Filing Date: Jan. 1, 1900 |Case number: 7135204 – $42,615
Judge
Court
Alameda Superior
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Joel S. Saal
(medical)
Gene Martin
(medical)
Defendant
John Messerian
(medical)
Facts
On March 16, 1992, plaintiff, Jessica Angier, a 20-year-old college student, was in a crosswalk with her friend plaintiff, Elizabeth Drake, also a college student crossing the street. Defendant Samuel Dove made a left turn from Market Street onto Castro Street. The defendant's car hit plaintiff Drake who rolled onto the hood. Plaintiff Drake's claim was settled and dismissed. Plaintiff Angier brought this action against the defendant based on a negligence theory of recovery.
Settlement Discussions
The plaintiff made a C.C.P. º998 settlement demand for $19,000 on Nov. 19, 1996. Defendant claimed plaintiff's settlement demand was for $10,500. The defendant made a C.C.P. º998 offer of compromise for $19,000. Per plaintiff, defendant made a C.C.P. º998 offer of compromise for $9,501 on Nov. 12, 1996 and for $10,501 on Dec. 2, 1996.
Specials in Evidence
$10,952.47 (plaintiff Angier) $930.50 (plaintiff Angier) none as to plaintiff Angier $2,859.34 (plaintiff Angier)
Injuries
Plaintiff Angier claimed she suffered sprained ankle, bruised right ribs, low back pain with continuing complaints of low back pain.
Other Information
The verdict was reached approximately four years and six months after the case was filed. Per plaintiff, a mediation was held on Nov. 4, 1996 before Roger F. Allen of Morton, Lulofs & Allen per the Alameda County Bar Association, ADR Placement Service, resulting in no settlement when defendant's highest offer was $9,500. A court ordered settlement conference in May 9, 1997, when the case was first called for trial, was also unsuccessful. The court appointed settlement facilitator was Aaron Simon, Esq. Plaintiff also reports defendant refused to further discuss settlement prior to the September 1997 trial. TRIAL TESTIMONY: Per the plaintiff, defendant's trial testimony was impeached by his deposition testimony. Defendant admitted he was travelling about 10 miles per hour at the time of the collision. Defendant's medical expert minimized plaintiff's injuries, but agreed she had been injured and her injuries were consistent with the accident described by plaintiff. Plaintiff's description of the accident was reportedly supported by the only two eyewitnesses.
Deliberation
three hours (per plaintiff, deliberation was 1+)
Poll
11-1
Length
four days
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