Sheila Knudtson, Chris Knudtson v. Superior Court of California, County of San Joaquin, Lucy Villalpando
Published: Jan. 21, 2006 | Result Date: Dec. 21, 2005 | Filing Date: Jan. 1, 1900 |Case number: 04AS01515 Verdict – $0
Judge
Court
Sacramento Superior
Attorneys
Plaintiff
Kenneth N. Meleyco
(Law Offices of Kenneth N. Meleyco)
Defendant
Arturo J. Gonzalez
(Morrison & Foerster LLP)
Experts
Plaintiff
Cloie Johnson
(technical)
Nathan Cope
(medical)
John D. Hancock
(John D. Hancock Law Group PLLC)
(technical)
Margo Rich Ogus Ph.D.
(technical)
Martin Blinder M.D.
(medical)
Thomas K. Shelton
(technical)
Defendant
Ruth Swiggum
(technical)
Thomas A. Boster
(technical)
Deborah Doherty
(medical)
Facts
Plaintiff Chris Knudtson was injured in a head-on collision with a third-party driver. The plaintiff sustained serious physical injuries and was left mentally incompetent. The plaintiff and his wife sued the defendants for past and future medicals, past and future loss of income, emotional distress, pain and suffering, and loss of consortium.
Contentions
PLAINTIFF'S CONTENTIONS:
The plaintiffs alleged that the Superior Court and its clerk were negligent and in breach of a mandatory duty for failing to properly report an earlier juvenile conviction of the third-party driver to the California DMV. The plaintiffs alleged that had the defendants properly reported the conviction, the DMV would have revoked the third party's driver's license for life and thereby prevented the accident in which the plaintiff was injured.
DEFENDANTS' CONTENTIONS:
The defendants contended that the Superior Court and the clerk were not negligent because they reported the sentence imposed by the juvenile court judge. The defendants argued immunity, lack of negligence, lack of causation, and contributory negligence on behalf of the injured plaintiff.
Settlement Discussions
The plaintiffs requested that the defendants make an opening offer of $5 million. The defendants refused to make $5 million offer and discussions concluded.
Result
Defense verdict.
Deliberation
eight hours
Poll
12-0 (Vallalpando not negligent), 9-3 (Superior Court was negligent), 12-0 (Superior Court's negligence not a substantial factor in causing plaintiff's injuries)
Length
13 days
For reprint rights or to order a copy of your photo:
Email
jeremy@reprintpros.com
for prices.
Direct dial: 949-702-5390