Roger Hanke, Charlienne Hanke v. California Auto Dealer's Exchange, Inc. dba Bay Cities Auto Auction
Published: Dec. 31, 2002 | Result Date: Jun. 27, 2002 | Filing Date: Jan. 1, 1900 |Case number: H2119382 Verdict – $3,250,000
Judge
Court
Alameda Superior
Attorneys
Plaintiff
Daniel R. Baradat
(Baradat & Paboojian Inc.)
Defendant
Experts
Plaintiff
Ted Vavoulis
(technical)
Michael S. Leong
(medical)
Kurt V. Miller M.D.
(medical)
James E. Flynn
(technical)
Defendant
Robert G. Liptai
(technical)
Karl E. Schunck
(technical)
Joseph T. Capell M.D.
(medical)
Jerald H. Udinsky
(technical)
Facts
The plaintiff was attending an automobile auction run by the defendant. The defendant operated
as a commercial, non-public auction house. While in the auction building, an employee of the
defendant, in the course of operating a vehicle, ran over the plaintiffÆs right foot.
Settlement Discussions
The plaintiff submitted a demand of $1 million plus payment of the workers' compensation lien; the defendant tendered an offer of $570,000 to the plaintiff, and $30,000 to the spouse.
Specials in Evidence
$754,000 $164,000
Injuries
The plaintiff suffered a crushing injury to his right foot. Serious medical problems resulted, including reflex sympathetic dystrophy which was first treated with sympathetic block but subsequently required four surgeries for implanting a spinal cord stimulator. The plaintiff has returned to work on a part-time basis but alleges continual extreme pain. His wife sued for loss of consortium.
Result
The plaintiff was awarded $3 million ($1 million economic damages and $2 million in non-economic damages). The spouse was awarded $250,000 for loss of consortium.
Other Information
The plaintiff-in-intervention, the workers' compensation carrier, settled its lien of $160,000 for a confidential amount. The defendant's motion for a new trial was denied.
Poll
12-0
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