Damien Christian v. Enterprise Rent-A-Car of Los Angeles
Published: Dec. 17, 2002 | Result Date: Sep. 23, 2002 | Filing Date: Jan. 1, 1900 |Case number: RCV37280 Verdict – $1,110,000
Judge
Court
San Bernardino Superior
Attorneys
Plaintiff
Steven F. Carlson
( Carlson & Johnson LLP)
Defendant
Paul E. Stephan
(Selman Breitman LLP)
Experts
Plaintiff
Joseph P. Magaddino
(technical)
Kenneth L. Pearl B.S.M.E.
(technical)
Neil D. Kravetz
(medical)
Defendant
Ramesh J. Kar Ph.D., P.E., FASM, FACFE
(technical)
Facts
On Nov. 18, 1997, the plaintiff wife rented a Ford Escort from the defendant. After driving 452
miles, the plaintiffs (husband, wife and friend) were on the I-15 freeway when the right front tire
went flat and they were forced to pull into the center median. As the plaintiff husband attempted
to change the right front flat a vehicle driven by Kim Rodgers swerved into the median and
struck the plaintiff husband.
Settlement Discussions
The plaintiffs demanded $300,000 pursuant to a C.C.P. Section 998. During trial, the plaintiffs indicated they would settle for $180,000. The defendant offered $15,000 pursuant to C.C.P. Section 998.
Specials in Evidence
$35,000 (husband) $70,000 husband (future surgery disputed)
Injuries
The plaintiff husband suffered broken femur requiring rod, muscle torn out of calf causing nerve damage, broken elbow, right knee torn ligament. The plaintiff wife suffered emotional distress. The plaintiff friend suffered pain and suffering.
Result
The plaintiff husband: $1,110,000; the plaintiff wife, $8,000; the plaintiff friend, $750).
Other Information
The plaintiffs settled with driver Kim Rodgers before trial for $50,000 (policy limits). Motion for new trial and judgment notwithstanding the verdict is pending.
Deliberation
three days
Poll
11-1 (liability), 11-1 (damages), 11- (comparative negligence)
Length
10 days
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