Thomas Martino and Lisa Martino v. Sean Kiernan and Christina Kiernan, husband and wife, Barbara Kiernan, an individual, Amerco Lease Company dba Northridge U-Haul, a business entity, U-Haul Co. of D.F.W., a business entity, Charles Gabaig,
Published: Feb. 27, 1999 | Result Date: Dec. 17, 1998 | Filing Date: Jan. 1, 1900 |Case number: LC037654 Verdict – $350,000
Judge
Court
L.A. Superior Van Nuys
Attorneys
Plaintiff
Defendant
Thomas J. Griffin
(Nelson Griffin LLP)
Experts
Plaintiff
Brenda Elle
(medical)
Brian F. King M.D.
(medical)
John G. Perry
(technical)
Karen G. Schiltz
(medical)
Gene Bruno M.S., C.R.C., C.C.M., C.D.M.S.
(technical)
Ronald M. Baum
(medical)
Michael Gitter
(medical)
Wesley Lind
(technical)
Theodore Vavoulis
(technical)
F. David Rudnick
(medical)
Defendant
Eugene Malitz
(medical)
Robert C. Peckham
(technical)
Peter Conte
(medical)
Arnold D. Purisch M.D.
(medical)
Carlos Rey
(technical)
Lynn W. Bockemohle
(technical)
Richard J. Feldman
(medical)
Facts
On July 13, 1995, plaintiff Thomas Martino was at an Arco gas station, where he was about to enter the AM/PM minimart through the front door. A 3+ U-Haul truck, which had been rented and was being operated by defendant Sean Kiernan, collided with the AM/PM minimart sign, which was approximately 100 feet in length, L-shaped, wrapped around the building, and located two feet above the doorway. The force of the impact caused the entire sign to become dislodged, whereupon it fell on the plaintiff, striking the back of his head and his shoulders. The sign as installed extended approximately 7 to 8 inches into the driving area. The plaintiffs brought this action against the defendants based on premises liability and loss of consortium claims theories of recovery.
Settlement Discussions
The plaintiff made no settlement demand. The defendant operator made a C.C.P. º998 offer of compromsie for $25,000. The defendant Arco offered $50,000.
Specials in Evidence
$40,000 $190,000 $40,000
Damages
Medical and loss of earnings.
Injuries
The plaintiffs suffered head, shoulder and back injuries.
Other Information
The verdict was reached approximately two years and five months after the case was filed. Plaintiff prevailed on a 402 hearing with respect to the admissibility of PET Scans.
Deliberation
1½ days
Length
22 days
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