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Personal Injury
Auto v. Truck
Wrongful Death

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


#84117

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