Sergio Camacho v. Cameron Johnson and Edward Stapf, by and through his Guardian ad Litem, Barbara Staph
Published: May 17, 2014 | Result Date: Jan. 16, 2014 | Filing Date: Jan. 1, 1900 |Case number: 30-2012-00542792-CU-PA-CJC Verdict – $72,999
Court
Orange Superior
Attorneys
Plaintiff
Yoshiaki C. Kubota
(Kubota & Craig PC)
Defendant
Experts
Plaintiff
Steve Bellino
(technical)
Michael Einbund
(medical)
Defendant
Gerald P. Bretting
(technical)
Scott Rosenzweig
(medical)
Facts
Sergio Camacho was riding a bike, when he was involved in a collision with defendant Cameron Johnson. Edward Stapf owned Johnson's vehicle. Camacho filed a lawsuit against Johnson and Stapf. The court later dismissed Stapf as a defendant.
Contentions
PLAINTIFF'S CONTENTIONS:
Plaintiff alleged on June 26, 2011, when he riding his bike down a hill, defendant's car was driving uphill, and smashed into plaintiff at a turn in the road. Plaintiff argued that defendant drove negligently and the Stapf had to be held responsible as well. Specially, plaintiff alleged that as he biked down the hill at an appropriate speed, defendant came up on the wrong side of the road, which brought about the crash. Plaintiff also argued defendant should have honked his horn before turning on the road.
DEFENDANT'S CONTENTIONS:
Defendant argued that plaintiff biked down the middle of the road at an excessive speed. Defendant argued plaintiff's companion told the police that plaintiff was at fault.
Settlement Discussions
Plaintiff demanded $49,999 under CCP Section 998 and the defense offered $20,000 under CCP Section 998.
Damages
Plaintiff asked for $48,000 in past medical expenses, $127,000 in future medical expenses, $350,000 in pain and fleering costs in the event of a future medical cost award, and $650,000 in the event of no such award.
Injuries
Camacho sustained back, neck and shoulder injuries, as well as a fractured finger, strains, and soft tissue injury.
Result
The jury awarded plaintiff $72,999, but because it found he was 75 percent liable, the award was reduced to $18,250.
Length
six days
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