Steve Caskey v. Bonita Foote
Published: Dec. 3, 1994 | Result Date: Sep. 15, 1994 | Filing Date: Jan. 1, 1900 |Case number: CV533448 – $266,000
Judge
Court
Sacramento Superior
Attorneys
Plaintiff
Robert A. Buccola
(Dreyer, Babich, Buccola, Wood & Campora, LLP)
Defendant
James R. Donahue
(Donahue Davies LLP)
Experts
Plaintiff
Pasquale X. Montesano
(medical)
Robert Wiemer
(medical)
Praveen Prasad
(medical)
Defendant
James E. Boggan
(medical)
Facts
On April 29, 1992, Plaintiff Steve Saskey, a 37-year-old contractor, was westbound on the 50 Freeway. Defendant Bonita Foote, an 84-year-old widow, was merging from the onramp lane into the number 5 lane of travel, when the two vehicles collided. Plaintiff was driving his 3/4-ton pickup truck and Defendant was driving an automobile. It was uncontested that the Defendant was uninjured in this collision.
Settlement Discussions
Plaintiff contends his opening demand was $290,000 and Defendant offered $15,000; increased to $75,000 two weeks prior to trial; and further increased to a 998 offer in the amount of $150,000 just prior to trial.
Specials in Evidence
$26,000 $400,000 to $500,000 not claimed
Damages
Plaintiff's post-surgical earning documentation did not demonstrate an earning loss up through the time of trial.
Injuries
Lumbar musculoskeletal strains and sprains requiring physical therapy and examinations; C5-6 herniation (discovered in 1994) requiring surgery and resulting in limited range of motion; Plaintiff claimed that his cervical residuals substantially reduced his earning capacity and required hiring replacement labor. After having a few medical visits during the month following the accident, Plaintiff went 9 months without having any care for his neck or back; he then recommenced having sparse care for his low back only, over the next year; after a 22-month gap in care, Plaintiff began complaining of neck pain, which resulted in his having neck surgery.
Other Information
Prior arbitration resulted in a Plaintiff's award of $29,000; trial de novo by Defendant.
Deliberation
5.5 hours
Poll
10-2 liability, 10-2 causation
Length
7 days
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