Philip Howrey v. Southern California Edison Company
Published: May 1, 1999 | Result Date: Jan. 19, 1999 | Filing Date: Jan. 1, 1900 |Case number: RCV25328 Verdict – $0
Judge
Court
San Bernardino Superior
Attorneys
Plaintiff
Frank J. Lizarraga Jr.
(Lizarraga Law Firm APC)
Defendant
Experts
Defendant
Robert Klock
(technical)
Facts
On March 28, 1996, plaintiff Philip Howrey, a 39-year-old police officer with the Corvallis Police Department located in Corallis, Oregon, along with a fellow officer, were riding their bicycles in the early evening hours to obtain dinner at a restaurant located in the vicinity of the intersection of Fourth Street and Vineyard Avenue. During their ride to the restaurant, they traveled northbound on Vineyard Avenue in Ontario. Because of the narrowness of the street and constant nature of traffic along the street, the plaintiff testified that they almost struck three times on the way to the restaurant. On the way back from the restaurant, both rode their bicycles on the sidewalk, again because of the busy nature and dangerous condition of operating their bicycles in the street. While the plaintiff was riding on the sidewalk, his left hand and arm struck certain "guy wires" which were used to support and provide support for a pole owned and maintained by the defendant Southern California Edison Company. The plaintiff alleged the guy wires were only approximately four feet above the sidewalk and were obviously protruding onto the sidewalk. As a result of the plaintiff striking these guy wires, he was thrown from his bicycle injuring the upper part of his body. The plaintiff brought this action against the defendant based on negligence.
Settlement Discussions
The plaintiff made a C.C.P. º998 settlement demand for $117,633.55. The defendant made no offer.
Specials in Evidence
$9,633.55 $3,000 $5,000
Injuries
The plaintiff suffered a torn rotator cuff to right shoulder, abrasions to left hand, right shoulder, right hip, right elbow and left ankle.
Other Information
The verdict was reached approximately two years and one month after the case filed.
Deliberation
one day
Poll
10-2
Length
four days
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