Raymond Brooks and Loree Brooks v. Transpacific Restaurants Inc., dba Jolly Roger and Motel 6
Published: Jun. 13, 1998 | Result Date: Apr. 30, 1998 | Filing Date: Jan. 1, 1900 |Case number: 748065 Verdict – $159,577
Judge
Court
Orange Superior
Attorneys
Plaintiff
Stanton T. Mathews
(Mathews Nissen LLP)
Defendant
Douglas M. DeGrave
(Poliquin & DeGrave LLP)
Experts
Plaintiff
Rodney Bluestone M.D.
(medical)
Defendant
Anthony Bohan
(medical)
Facts
On June 6, 1994, plaintiffs Raymond and Loree Brooks invited four other couples for dinner at the Jolly Roger Restaurant on Dyer Road in Santa Ana. At approximately 9 p.m., the group left the restaurant. As plaintiff Raymond Brooks, a 57-year-old elementary school principal, crossed the parking lot toward his car, he tripped over the broken concrete curb of a planter. He fell hard to the ground, hitting his head on the asphalt surface of the parking lot. The plaintiffs brought this action against the defendants Transpacific Restaurants and Motel 6 based on a negligence theory of recovery.
Settlement Discussions
Per the defendant, the plaintiffs made a C.C.P. º998 settlement demand for $300,000 that was later raised to $1.7 million at trial. The defendants made a C.C.P. º998 offer of compromise for $125,000.
Specials in Evidence
$830,413 (per defendant). Home care costs $130,000 $124,741 (per defendant) $__________ $__________
Injuries
Plaintiff Raymond Brooks alleged atlantoaxial, subluxation, bruised spinal cord, aggravation of rheumatoid arthritis, and diabetes, resulting in total disability and miscellaneous cuts, abrasions and lacerations. Plaintiff Loree Brooks claimed damages for loss of consortium.
Other Information
A mediation was held on Feb. 25, 1998, before Judge Russell Bostrum, retired, of Judicate West, resulting in no settlement.
Deliberation
four hours
Poll
9-3
Length
seven days
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