Avtar Cheira v. Nicro Inc., John Wayne O'Neal
Published: Oct. 28, 2003 | Result Date: Apr. 11, 2003 | Filing Date: Jan. 1, 1900 |Case number: 274091 Verdict – $0
Judge
Court
Stanislaus Superior
Attorneys
Plaintiff
Defendant
Cornelius J. Callahan
(McCormick Barstow LLP)
Experts
Plaintiff
Carol R. Hyland M.A.
(technical)
Barry Ben-Zion Ph.D.
(technical)
John J. O'Hara
(medical)
V. Paul Herbert C.P.S.A.
(technical)
Defendant
Albert R. Gutowsky
(technical)
Paul Caviale
(medical)
Milo D. Bell
(technical)
Rick A. Sarkisian
(technical)
Facts
In October 2000, plaintiff Avtar Cheira, a 49-year-old truck driver, was making a delivery to the Hershey Chocolate facility in Oakdale. As he was opening the rear door of the truck's trailer, a flatbed truck operated by John O'Neal and owned by Nicro Inc. was passing by. The plaintiff's right hand was caught between the door of the trailer and the flatbed truck, severely injuring his hand. The plaintiff sued Nicro and O'Neal alleging vehicular negligence.
Settlement Discussions
The plaintiff made a C.C.P. Section 998 demand of $750,000. The defendant countered with an offer of $50,000.
Specials in Evidence
$126,000 $118,000 $450,000
Damages
The plaintiff contended that his injuries prohibited him from returning to an economically viable truck driving position. He also claimed he was permanently disabled from household services.
Injuries
The plaintiff suffered a vascularizing crush injury to the third, fourth and fifth digits of his right hand, essentially amputating those fingers. He has had three reconstructive and replantation surgeries and extensive hand therapy.
Deliberation
three hours
Poll
9-3
Length
nine days
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