Dresden v. American Diversified
Published: May 10, 2001 | Result Date: Apr. 5, 2001 | Filing Date: Jan. 1, 1900 |Case number: CV993816 Verdict – $490,000
Judge
Court
Marin Superior
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Robert Teasdale Jr.
(medical)
Defendant
Richard G. Dedo
(medical)
Facts
On Sept. 11, 1998, the plaintiff and defendant were stopped besides each other waiting to merge onto Highway 1
in Tam Valley. The defendant was on the left while the plaintiff was on the right. The plaintiff assumed that
the defendant was intending to turn left. The defendant never saw the plaintiffÆs vehicle to his right.
When the traffic cleared, both cars began to turn right onto southbound Highway 1. The defendant accelerated
hard directly into the plaintiff driverÆs side door. The defendant did not see the plaintiffÆs vehicle until he heard
the sound of a horn an instant before impact.
Settlement Discussions
The plaintiff demanded $400,000, reduced to $200,000 pursuant to C.C.P. Section 998. The defendant offered $30,000 at the mediation and settlement conference, raised to $87,5000 three weeks before trial.
Injuries
The plaintiff suffered herniated discs which will require an anterior diskectomy and fusion at two levels. According to the defendant, the plaintiff has a degenerative disc condition that was aggravated by the collision.
Other Information
According to the defendant, the court issued a Stony Brook order (84 C.A. 4th 691) to defense doctor, requiring detailed financial disclosure. The court ruled that the doctor failed to comply and violation of the order was disclosed to the jury.
Deliberation
four hours
Poll
12-0 (liability), 9-3 (comparative), 12-0 (economic damages), 9-3 (non-economic damages). Three jurors were against any finding of comparative and wanted to award more non-economic damages.
Length
six days
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