Robert M. Banks, an Incompetent Person, by Janet Banks, his Guardian ad Litem v. Nafta Wholesale Inc., David Mark Millan, Westrux International Inc.
Published: Jun. 20, 1998 | Result Date: May 5, 1998 | Filing Date: Jan. 1, 1900 |Case number: LC035696 Verdict – $0
Judge
Court
L.A. Superior Van Nuys
Attorneys
Plaintiff
Defendant
Peter A. Dubrawski
(Haight, Brown & Bonesteel)
Experts
Plaintiff
Lester M. Zackler M.D.
(medical)
James M. Green
(technical)
Robert C. Cohenour
(medical)
Frank Kennedy
(medical)
James A. Pasino
(medical)
Defendant
Martin D. Levine
(medical)
Gerald P. Bretting
(technical)
Facts
On Oct. 2, 1995, at approximately 3:55 p.m., plaintiff Robert M. Banks, a 33-year-old man, who had a pre-existing history of epileptic seizure disorder and mild mental retardation, was operating his bicycle eastbound on Vanowen Street without a helmet. At the same time, defendant David Mark Millan was operating a bobtail truck southbound on Canoga Avenue while in the course and scope of his employment for Nafta Wholesale Inc. The truck was owned by defendant Westrux International Inc. and leased to Nafta. Defendant Millan was driving at approximately 35 mph, crossed the intersection of Canoga and Vanowen, and was into the southern crosswalk of the intersection when the plaintiff entered the intersection and collided with the right side of the truck behind the right front wheel. The plaintiff was thrown from his bicycle into the street. The plaintiff brought this action against the defendants on a negligence theory of recovery.
Settlement Discussions
On Aug. 27, 1996, plaintiff made a policy limits demand of $1 million pursuant to C.C.P. º998. Defendants allowed the º998 demand to expire. On May 8, 1997, defendants offered $1 million. Plaintiff did not accept this offer and made no further demands. Plaintiff indicated a willingness to accept an offer of $1.5 million following the testimony of the investigating policy officer at trial, if such an offer were made. But there was no further offers nor any demands.
Specials in Evidence
$764,069.86 $497,502 (present value per plaintiff)
Injuries
The plaintiff suffered an occipital fracture of the skull, and subdural hematomas immediately adjacent to the fracture and in the opposite frontal lobe due to a contrecoup effect. The plaintiff also suffered severe abdominal injuries including a bruised pancreas resulting in the necessity of multiple abdominal surgeries including laparoscopies and bowel resection, infections, pneumonia and cardiac arrest. The plaintiff claimed a residual organic brain injury superimposed on his pre-existing mental deficits, resulting in significant behavorial changes requiring lifelong psychiatric treatment and medication.
Other Information
The verdict was reached approximately two years after the case was filed. A mediation was held on July 7, 1997, before William J. Rea Jr., resulting in no resolution. POST TRIAL MOTIONS: The plaintiff made a motion for a new trial, set to be heard on July 10, 1998.
Deliberation
4½ hours (per defendant), 5½ hours (per plaintiff)
Poll
11-1
Length
13 days
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