This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.

Personal Injury
Truck v. Trailer
Head-On Collision

Louis Burboa and Elizabeth Burboa v. Shapiro, Gilman & Schandler; William Merlos

Published: May 16, 1998 | Result Date: Mar. 25, 1998 | Filing Date: Jan. 1, 1900 |

Case number: CIV167183 c/w CIV167778 Arbitration –  $125,000

Arbitrator

William Sheffield

Court

Ventura Superior


Attorneys

Claimant

Harrison W. Sommer


Respondent

Donald D. Wilson


Experts

Claimant

David L. Friedman
(medical)

Martin Ross
(medical)

Jeffrey Tubbs
(medical)

Robert W. Johnson CPA
(technical)

Edward L. Bennett M.A.
(medical)

Robert M. Brook
(medical)

Respondent

Martin D. Levine
(medical)

Alfred D. Chichester
(medical)

Keith E. Liberman M.D.
(medical)

Robert J. Sbordone M.D.
(medical)

Facts

On Oct. 3, 1995, claimant Louis Burboa, a 33-year-old county road maintenance worker, was driving his county road department dump truck on Highway 118 when he was involved in a head-on collision with respondent's 18-wheel semitrailer. The claimants, the injured husband and his wife, brought this action against the respondents based on a negligence theory of recovery. The respondents admitted liability, but disputed the nature and extent of claimant's injuries.

Settlement Discussions

The claimant demanded $1.5 million, reduced to $750,000 on the first day of trial, with a suggestion that claimant might consider $400,000. The respondent offered $150,000. The case then went to binding arbitration by stipulation of the parties.

Specials in Evidence

$37,000 claimed ($18,000 documented) $38,000 claimed (contested in part) $1.3 million $788,789 claimed (but not documented)

Damages

The claimant claimed $500,000 in future household expenses.

Other Information

The award was rendered approximately one year and five months after the case was filed. ARBITRATION: A binding arbitration was held before the Hon. William Sheffield, retired, resulting in the reported award.

Length

six days (arbitration)


#79954

For reprint rights or to order a copy of your photo:

Email jeremy@reprintpros.com for prices.
Direct dial: 949-702-5390