Alan Athie v. City of Santa Maria
Published: Jun. 15, 2004 | Result Date: Apr. 23, 2004 | Filing Date: Jan. 1, 1900 |Case number: 1127893 Verdict – $0
Judge
Court
Santa Barbara Superior
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Barry J. Ross
(medical)
Gino Brunello
(medical)
Dennis Blackburn
(medical)
Defendant
John F. Perry
(technical)
Charles F. Plemons Jr.
(technical)
David G.N. Frecker
(medical)
Facts
On July 14, 2002, plaintiff Alan Athie, 45, alleged that he suffered a permanent nerve stretch injury to the brachial plexus region of his left shoulder, as well as nerve injuries to the left elbow, wrist and hand while a customer at the Santa Maria landfill. At the time of the incident, the plaintiff contended that he had just thrown over a rope which was used to tie down a load of wood contained in a trailer attached to a Chevy Suburban which the plaintiff hauled to the landfill. The bulldozer operated by Lance Lodes of the City of Santa Maria, moving within 15 feet of plaintiff's vehicle somehow caught the rope of the front blade pulling the rope while the plaintiff was in the process of coiling the rope using his left shoulder and hand dragging the plaintiff for 25-30 feet causing injury to his left shoulder, elbow, wrist and hand. As a result of the injury, the plaintiff sought treatment at Marian Medical Center on the date of the accident and subsequently underwent two nerve conduction EMG studies, each of which confirmed that he had suffered a permanent stretch injury to his brachial plexus.
Settlement Discussions
The plaintiff submitted a demand of $150,000 to the city, two months prior to trial. The defendant made a C.C.P. Section 998 offer of $5,000.
Specials in Evidence
$5,000 $60,000 $100,000
Result
The jury found for the City of Santa Maria on the issue of a dangerous condition, finding that the landfill did not present a dangerous condition on the date of the subject incident.
Other Information
The City of Santa Maria intends to file a memorandum of costs for all costs and expert fees pursuant to its C.C.P. Section 998 offer. The plaintiff has not filed a motion for a new trial.
Deliberation
less than 30 minutes
Poll
12-0 (that the City of Santa Maria owned the property), 11-1 (that the property was not a dangerous condition at the time of the incident)
Length
five days
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