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Personal Injury (Vehicular)
Auto v. Pedestrian
Negligence

Clardy v. Dodd

Published: Apr. 10, 1999 | Result Date: Mar. 2, 1999 | Filing Date: Jan. 1, 1900 |

Case number: SM108037 Verdict –  $0

Judge

Zel Canter

Court

Santa Barbara Superior


Attorneys

Plaintiff

Joseph E. Gerbac


Defendant

Heather A. Sciacca

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


#80385

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