Dorothea Romeo v. San Mateo County Transit District, Kurt Shafa
Published: Nov. 4, 2003 | Result Date: Apr. 28, 2003 | Filing Date: Jan. 1, 1900 |Case number: 401108 Verdict – $33,015
Judge
Court
San Francisco Superior
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Theodore C. Baiz
(medical)
Defendant
William Bergman
(medical)
Facts
On Feb. 9, 2001, plaintiff Dorothea Romeo, a 71-year-old homemaker, was driving along Lake Merced Drive in San Mateo County when her vehicle was rear-ended by a San Mateo Country Transit bus at a light-controlled intersection.
Settlement Discussions
The plaintiff demanded between $250,000 and $325,000. The defendant made a C.C.P. Section 998 offer of $50,000, raised to $90,000 at the last settlement conference with an indication of $100,000. The defense counsel reported that the defendants will receive an offset for $2,500 in property damage previously paid to the plaintiff's insurer and about $3,100 as a result of the C.C.P. Section 998 offer to compromise.
Specials in Evidence
$35,000 $20,000
Damages
$7,500 property damage; $5,200 other damages.
Injuries
The plaintiff had pre-existing osteoarthritis in her cervical and thoracic spines as well as a T6 compression fracture which she asserts was aggravated by the accident. One month post-accident, she experienced excruciating lower back and leg pain while bending to make her bed. She was diagnosed with a herniated disc at L4-5, requiring a laminectomy. The defendant asserted that the lumbar disc herniation was unrelated to the subject accident, but a result of the aging process.
Result
$33,015
Other Information
Prior to the jury trial, a non-binding arbitration was heard and the arbitrator awarded $39,000 to the plaintiff, who rejected the award and requested trial de novo.
Deliberation
two hours
Poll
10-2 (liability), 9-3 (contributory negligence), 9-3 (damages)
Length
five days
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