Kimberly Manson-Benitez v. Sun Pacific Harvesting, et al.
Published: Apr. 22, 2000 | Result Date: Jan. 24, 2000 | Filing Date: Jan. 1, 1900 |Case number: 98184306 Verdict – $540,800
Judge
Court
Tulare Superior
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Paul Salas
(medical)
Donald J. Basham
(technical)
William M. Jones
(technical)
Barry Ben-Zion Ph.D.
(technical)
Steven Koubatian
(technical)
Defendant
Denard Fobbs
(medical)
Hal D. McConnaughey
(medical)
Rick A. Sarkisian
(technical)
Howard Underwood
(technical)
Facts
In April 1998, at about 11:40 p.m., plaintiff was a passenger in a pick-up truck going about 35 mph. The
defendant driver of a large 60-foot long tractor with a low boy, flat-bed truck backed up the rig when the truck
in which plaintiff was riding crashed into the low boy.
There was a dispute as to whether defendant driver had placed warning reflectors across the roadway prior to
backing onto the highway.
One hour after the incident, the pick-up truck driver tested with a blood alcohol level of
.10.
Settlement Discussions
The plaintiff made a C.C.P. Section 998 demand of $375,000. The defendant trucker offered $200,000. The defendant pick-up driver settled for $25,000 (policy limit) before trial. The defendant truck company satisfied the net judgment of $395,000, plus costs.
Injuries
The plaintiff suffered a broken right femur, arthritic chances in her knee and internal injuries requiring temporary colostomy. The plaintiff believes knee replacement surgery will be needed and that abdominal and pelvic adhesions may cause infertility.
Deliberation
two days
Poll
9-3
Length
eight days
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