Clardy v. Dodd
Published: Apr. 10, 1999 | Result Date: Mar. 2, 1999 | Filing Date: Jan. 1, 1900 |Case number: SM108037 Verdict – $0
Judge
Court
Santa Barbara Superior
Attorneys
Plaintiff
Defendant
James A. Hunt
(LAUSD Office of General Counsel)
Experts
Plaintiff
John Turner Jr.
(technical)
Defendant
Alan Keith Miller
(technical)
Facts
On Jan. 21, 1998, the accident occured after dark in front of a public library on North Avenue in Lompoc. The plaintiff, an elderly man and his wife were crossing the street in the middle of the block, outside a crosswalk, when he was struck by defendant's vehicle. Although they saw defendant's approaching vehicle, the plaintiff believed he had sufficient time to make it across the street. Law enforcement personal were summoned and plaintiff was transported from the scene via ambulance to a nearby hospital. The plaintiff brought this action against the defendant based on negligence.
Settlement Discussions
The defendant made a C.C.P. º998 offer of compromise for $20,000.
Specials in Evidence
$53,436.73
Injuries
The plaintiff suffered a re-injury to his right knee, as well as fractures of the tibia and fibula in his right leg requiring open reduction with internal open fixation. During the procedure, the plaintiff suffered cardiac arrest. There were also multiple complications during his one week hospital stay and his nearly one month of follow-up care. The plaintiff still has problems involving his right foot, which may require amputation.
Other Information
The verdict was reached approximately nine months after the case was filed. A settlement conference was held on Feb. 8, 1999, before Zel Canter resulting in no settlement.
Deliberation
ten minutes
Length
three days
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