Stuart Yellen v. Ogner Motor Cars, Inc.; Audi of America, Inc.; Volkswagen of America, Inc. dba Audi of America, Inc.
Published: Aug. 16, 1997 | Result Date: Apr. 18, 1997 | Filing Date: Jan. 1, 1900 |Case number: LC019101 Verdict – $0
Judge
Court
L.A. Superior Van Nuys
Attorneys
Plaintiff
Defendant
Craig L. Winterman
(Herzfeld & Rubin LLP)
Experts
Plaintiff
Reuben Vollmer
(technical)
Jules H. Kamin
(technical)
John Hochman
(medical)
Morris D. Loffman
(medical)
Jon B. Landerville P.E.
(technical)
Defendant
Paul Dean
(technical)
Marc Pryor
(technical)
Facts
On May 1, 1992, plaintiff Stuart Yellen, a 32-year-old real estate agent, was driving his 1988 Audi 90 westbound on the Ventura Freeway. As he exited the Shoup offramp, he side-swiped a vehicle at the top of the offramp, struck a curb and then side-swiped another vehicle before crashing into a light pole at the bottom of ramp. Prior to the accident, the plaintiff had taken his vehicle to the dealership on at least six occasions with complaints that the brakes were not operating properly. Following the accident, a plastic T-fitting was found to have been almost completely eroded. This T-fitting controlled the vacuum power-assist. The plaintiff brought this action against the defendant based on product liability, negligence and violation of Song-Beverly Consumer Warranty Act theories of recovery.
Settlement Discussions
The plaintiff made a C.C.P. º998 settlement demand for $575,000, raised to $1.2 million and lowered to $375,000 at trial. The defendant made a C.C.P. º998 offer of compromise for $375,000.
Specials in Evidence
$500,000 $300,000 $1.3 million to $4 million $500,000
Damages
The plaintiff claimed $22,000 in damages for the loss of his vehicle and $10,000 for vehicle storage cost.
Injuries
The plaintiff claimed he suffered brain damage, bifrontal hemorrhage contusions and left frontal lobe contusions. The plaintiff also claimed he sustained multiple fractures to his left ankle and foot, multiple fractures to his left arm, multiple fractures to his face, a laceration on his left ear and cuts and abrasions throughout his scalp and face. The plaintiff was hospitalized for approximately two weeks and then received care for his brain injury. The plaintiff claimed he suffered residual brain damage and pain in his ankle.
Other Information
The verdict was reached approximately five years and five months after the case was filed. A settlement conference was held in 1996 before Judge R. William Schoettler, Jr. It did not resolve the matter. Per the defendants, this appears to be the first case that has gone to trial in which the plaintiff sought personal injuries pursuant to the terms of the Song-Beverly Consumer Warranty Act.
Deliberation
4 hours
Poll
9-3 (defense) product liability, 12-0 (Song-Beverly), 12-0 (negligence)
Length
5 weeks
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