Phyllis Mountain v. Patricia DeDios, Diana Lynn Hensley, GTE California Inc.
Published: Mar. 25, 2000 | Result Date: Nov. 8, 1999 | Filing Date: Jan. 1, 1900 |Case number: 184723 Verdict – $273,053
Judge
Attorneys
Plaintiff
Frederick H. Bysshe Jr.
(Alternative Resolution Center)
Defendant
Jacob A.O. Stub
(Neustadt & Berriz APC)
Experts
Plaintiff
Kevin P. McNamara
(Traub, Lieberman, Straus & Shrewsberry LLP)
(medical)
Robert W. Crommelin
(technical)
Rocco Calderone M.D.
(medical)
Defendant
Richard C. Rosenberg M.D.
(medical)
Daniel F. Trudell
(technical)
Facts
On Oct. 29, 1997, plaintiff Phyllis Mountain, a 42-year-old technician for a blood center, was a passenger in defendant Diana Lynn HensleyÆs vehicle, when Hensley drove eastbound through an intersection at the normal posted speed. GTE workers were doing work that blocked one lane and created a visual obstruction.
Defendant Patricia DeDios, traveling westbound, made an unsafe left hand turn into the path of HensleyÆs vehicle which caused a collision between the two vehicles. This impact caused HensleyÆs vehicle to go out of control and strike a utility pole.
Settlement Discussions
PlaintiffÆs pre-trial settlement offer was a $104,000 that was apportioned as follows: Hensley- $35,000; DeDios-$30,00; and GTE-$39,000 pursuant C.C.P. Section 998.
Specials in Evidence
$35,553 $18,000 $63,000
Injuries
Plaintiff Mountain suffered a closed head injury, right shoulder injury, a seat belt injury to chest and abdomen with multiple contusions, fractures of left transverse process at L1-2-3, a small disk protrusion at L4-5, post-traumatic stress syndrome and depression.
Other Information
Defendant DeDiosÆs employer settled prior to trial. Defendant GTE was required to pay plaintiffÆs expert witness fees per C.C.P. Section 998. A motion for a new trial was denied and a notice of appeal has been filed by GTE.
Deliberation
1+ days
Poll
10-2
Length
nine days
For reprint rights or to order a copy of your photo:
Email
jeremy@reprintpros.com
for prices.
Direct dial: 949-702-5390