Rogert Pitts v. Gayle C. Cunningham
Published: Mar. 20, 1999 | Result Date: Dec. 17, 1998 | Filing Date: Jan. 1, 1900 |Case number: 97CV766 Verdict – $23,200
Judge
Court
Pueblo District
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Eugene W. Pflum
(medical)
David G. Biby
(medical)
David Baron
(medical)
Facts
On Feb. 1, 1997, the defendant was traveling on Baxter Road and came to a stop at a stop sign at the intersection of Baxter Road and Colorado 50 C in Pueblo. The plaintiff, a 40-year-old steel worker, was traveling on Colorado 50 C and did not have a stop sign. The defendant looked but did not see the plaintiff and pulled directly into the plaintiff's path. Both cars were a total loss. At trial, the defendant admitted liability for the collision. The plaintiff brought this action against the defendant based on negligence.
Settlement Discussions
The plaintiff made a settlement demand for $50,000 (policy limits). The defendant made an offer of $13,000.
Specials in Evidence
$16,000 $3,200 (above PIP payment)
Injuries
The plaintiff sustained a full thickness vertical peripheral tear in the medial meniscus of his right knee, requiring knee surgery and rehabilitative physical therapy.
Other Information
The verdict was reached approximately one year and one month after the case was filed. In closing argument, the plaintiff's counsel asked for up to $1 million and no less than $250,000, and the defendant's counsel suggested $3,200 for lost wages plus $5,000 for non-economic damages.
Deliberation
4½ hours
Length
three days
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