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Personal Injury (Vehicular)
Auto v. Auto
Rear-End Collision

Janis Zivic v. Winterland Productions Inc.

Published: Apr. 15, 2000 | Result Date: Dec. 17, 1999 | Filing Date: Jan. 1, 1900 |

Case number: 996767 Verdict –  $19,631,000

Judge

John E. Munter

Court

San Francisco Superior


Attorneys

Plaintiff

James S. Bostwick

Erik L. Peterson


Defendant

Thomas J. Tarkoff

Matthew P. Guichard
(Guichard, Teng, Portillo & Garrett APC)

John D. Hourihan
(Stratman & Williams-Abrego)


Experts

Plaintiff

Nanette Gartrell
(medical)

Albert J. Ferrari
(technical)

Carol R. Hyland M.A.
(technical)

Lawrence Marshall
(medical)

Patrick F. Mason Ph.D.
(technical)

Don Osterweil
(medical)

Charles R. Marmar
(medical)

Gregory W. Albers
(medical)

Claude S. Munday
(medical)

Defendant

William K. Hoddick M.D.
(medical)

William J. Lynch
(medical)

Bruce Adernado
(medical)

Michael Shore
(medical)

Facts

Plaintiff was stopped in a line of vehicles at a traffic light at the 4th Street Exit off Highway 280.
An employee of defendant Winterland Productions Inc., was driving a Mack truck owned by
defendant down the off ramp. The driver of the truck failed to stop and struck the vehicle behind
plaintiff and then struck plaintiffÆs vehicle, driving it into the cab immediately in front of her.

Settlement Discussions

The plaintiff made a policy limits demand of $11 million, reduced to $8.5 million just prior to trial. The defendant offered $3 million, increased to $3.5 million during trial.

Specials in Evidence

$131,000 in excess of $15 million

Injuries

Subdural hematoma, requiring emergency craniotomy; comatose for two days; hemiplegic for one month and residual cognitive injuries, including problems with concentration, focus, short- term recall and multi-tasking.

Poll

12-0 (liability), 11-1 (damages)

Length

10 days


#80533

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