Terri Marcellino; Marco Marcellino, by and through his Guardian ad Litem, Terri Marcellino; Elisabeth Marcellino, by and through her Guardian ad Litem, Terri Marcellino; John A. Marcellino Jr.; John A. Marcellino (deceased) v. Derrick Cunningham Trucking Inc., Mark Raymond Sparks, Ford Motor Company, Big Valley Ford, Roe Manufacturer
Published: Dec. 12, 2009 | Result Date: Sep. 8, 2009 | Filing Date: Jan. 1, 1900 |Case number: 618054 Verdict – Defense
Court
Stanislaus Superior
Attorneys
Plaintiff
Thomas C. Knowles
(Van Blois Law )
R. Lewis Van Blois
(Van Blois Law)
Defendant
John P. Cotter
(Diepenbrock & Cotter LLP)
Experts
Plaintiff
Phillip H. Allman III, Ph.D.
(technical)
Robert Lindskog
(technical)
Jeffrey Wachtel
(technical)
V. Paul Herbert C.P.S.A.
(technical)
Defendant
John Moore
(technical)
William H. Woodruff
(technical)
Thomas J. Ayers
(technical)
Facts
Teri Marcellino and her three children sue Derrick Cunningham Trucking Inc. and Mark Sparks for motor vehicle negligence in the wrongful death of decedent John Marcellino.
Contentions
PLAINTIFF'S CONTENTIONS:
The plaintiffs alleged that Sparks acted in the course and scope of his employment with Derrick Cunningham when he negligently operated his tractor trailer, which collided with the decedent's vehicle and killed him.
Settlement Discussions
The plaintiffs demanded $1 million and the defense offered $50,000.
Damages
The plaintiffs requested $900,000 in economic damages and $2 million in non-economic damages.
Injuries
The plaintiffs claimed death.
Result
The jury found in favor of the defense.
Deliberation
15 minutes
Poll
10-2
Length
eight days
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