Ignacio Mendoza v. Arthur Lee Johnson Sr., Mimi Steel
Published: May 31, 2001 | Result Date: Aug. 28, 2000 | Filing Date: Jan. 1, 1900 |Case number: YC035178 Verdict – $2,050,000
Judge
Court
L.A. Superior Torrance
Attorneys
Plaintiff
Werner R. Meissner
(Meissner Law Firm PC)
Defendant
Facts
On June 4, 1998, plaintiff Ignacio Mendoza, age 42, was a pedestrian pushing the crosswalk button at the
intersection of Western Avenue and El Segundo Boulevard in Gardena, at which time he was struck.
Defendant Johnson, the car that hit the plaintiff, was driving southbound on Western Avenue in the number
two lane.
Defendant Steel was driving westbound on El Segundo Boulevard in the number one
lane. The two defendants colliding in the intersection, causing defendant Johnson to careen off
and run over the push button pole and strike the plaintiff throwing him 10 feet into the air. The
intersection is controlled by traffic lights.
Settlement Discussions
Defendant Steel initially offered a waiver of costs on Oct. 19, 1999. The plaintiff made a C.C.P. Section 998 demand against Steel on Nov. 22, 1998 and again on Jan. 25, 1999, both in the sum of $15,000 (policy limits). These C.C.P. Section 998 offers were rejected. Defendant Steel then waived policy limits and offered $30,000 on the third day of trial. Before trial, Johnson offered the policy limits and an additional $10,000. The plaintiff did not respond.
Specials in Evidence
$45,000 $5,000 - $8,000
Injuries
The plaintiff suffered a transverse fracture of the sacrum, internal and external hematoma and a severely comminuted fracture of his left tibia and a subluxated fibula which required surgery. The plaintiff was taken from the scene by paramedics to Harbor UCLA Medical Center where he remained in the trauma ward for five days and underwent ankle surgery approximately six days after the accident. The plaintiff developed infections and was disabled for five months. The plaintiff was left with significant disability and severely restricted range of motion in the ankle and residual back pain. He will need future surgery to remove the hardware in the ankle.
Other Information
Both defendants brought post-trial motions for a new trial, remittitur and to tax costs, which were denied. Defendant SteelÆs motion for judgment notwithstanding the verdict was denied. The case was settled for a confidential amounts after two mediation sessions before retired judge R. William Schoettler Jr. of Action Dispute Resolution Services and retired judge Irving Shimer of Alternative Resolution Centers.
Deliberation
two days
Poll
9-3
Length
six days
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