David Frazier v. County of Santa Clara
Published: May 9, 1998 | Result Date: Feb. 5, 1998 | Filing Date: Jan. 1, 1900 |Case number: 750840 – $0
Judge
Court
Santa Clara Superior
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Robert Lindskog
(technical)
Thomas G. Schultz
(technical)
Defendant
David M. Yoshida M.D.
(technical)
Arnold A. Johnson
(technical)
Facts
On Feb. 12, 1995, plaintiff David Frazier, an 18-year-old student, was a passenger in a vehicle traveling on Hicks Road in San Jose in the defendant County of Santa Clara. The driver of the vehicle, as well as two other passengers, testified that the driver began braking 200 feet before the site of the accident, a downhill curve. The vehicle skidded approximately 99 feet, then left the roadway, and went approximately 50 feet down an embankment, eventually colliding with a tree. A branch of the tree broke through the passenger side of the windshield, impaling the plaintiff's jaw, neck and shoulder. The plaintiff brought this action against the defendant based on dangerous condition of public roadway and negligence theories of recovery.
Settlement Discussions
The plaintiff made a settlement demand of $35,000. The defendant made no offer.
Specials in Evidence
$ _____ $ _____
Injuries
The plaintiff suffered injuries to his jaw, neck and shoulders.
Other Information
The case was bifurcated as to liability and damages.
Deliberation
1½ hours
Poll
11-1
Length
five days
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