Matthew Thomas v. Melissa Palco, Keebler Co.
Published: Dec. 3, 1994 | Result Date: Nov. 4, 1994 | Filing Date: Jan. 1, 1900 |Case number: 616923 – $27,364
Judge
Court
Orange Superior
Attorneys
Plaintiff
Kyle J. Scott
(Kyle Scott Law, PLC)
Defendant
Experts
Plaintiff
Richard L. Mulvania
(medical)
Fred H. Cady
(technical)
Defendant
George S. McCann
(medical)
Keith McKibben
(technical)
Facts
On May 15, 1989, Plaintiff Matthew Thomas, a 36-year-old furniture mover, was riding his Harley Davidson motorcycle northbound on Magnolia in Huntington Beach. Defendant Melissa Palco, in the course and scope of her employment with Defendant Keebler Company, exited a driveway in her automobile across the northbound lanes of Magnolia and made a left turn. Defendant violated Plaintiff's right-of-way; Plaintiff braked and laid down his motorcycle in an effort to avoid Defendant's vehicle. Defendant did not stop at the scene; there was no contact between the two vehicles; and 2 independent witnesses verified Defendant's negligence and vehicle identification.
Settlement Discussions
Defendants contend they made a 998 offer of $25,001 reduced to $17,500 before the first trial; reduced to $12,050 before the second trial, less $7,050 sanctions awarded by the Court against Plaintiff (now on appeal); and Plaintiff demanded $250,000 reduced to $100,000; reduced to $36,000 (998) before trial; with indications of less.
Specials in Evidence
$8,064 $4,160 unknown $6,000 to $8,000
Damages
Plaintiff asked the jury to award $75,000 plus specials; Defendant asked the jury to award no more than $15,000 net.
Injuries
Separation of the acromioclavicular joint requiring open reduction internal fixation and future surgery to remove the hardware.
Result
Defendant had previously set aside default; after statutory costs award to Defendant as a result of a prior 998 offer, prior arbitration which Plaintiff de novo'd, Plaintiff owes to Defendant $6.18 in addition to the $7,050 in sanctions awarded to Defendant as a result of the previous mistrial (now on appeal).
Other Information
A prior arbitration by Glen Rosen resulted in a Plaintiff's award of $36,000; trial de novo by both Plaintiff and Defendant. Defendant had previously set aside default.
Deliberation
3 hours
Poll
9-3
Length
5 days
For reprint rights or to order a copy of your photo:
Email
jeremy@reprintpros.com
for prices.
Direct dial: 949-702-5390