John McPherson v. City of Baldwin Park, et al.
Published: Nov. 9, 1996 | Result Date: Oct. 8, 1996 | Filing Date: Jan. 1, 1900 |Case number: KC017970 – $0
Judge
Court
L.A. Superior Pomona
Attorneys
Plaintiff
Mark S. Algorri
(DeWitt Algorri & Algorr)
Defendant
Dana J. McCune
(McCune & Harber LLP)
Experts
Plaintiff
Harry J. Krueper Jr.
(technical)
Defendant
Ed J. Ruzak
(technical)
Allan Keith Miller
(technical)
Facts
On May 19, 1994, decedent, John McPherson, a 13-year-old 8th grade student, was killed when he was struck in a crosswalk immediately across from school property in the defendant city of Baldwin Park. He was en route to his middle school at the time of the accident. The driver of the vehicle that struck him settled out for policy limits of $25,000 and the defendant city of Baldwin Park was the only remaining defendant at the time of trial. The plaintiffs, the decedent's parents, brought this action against the defendant city based on negligence and road design/dangerous condition theories of recovery.
Settlement Discussions
The plaintiffs made a C.C.P. º998 settlement demand for $2.5 million reduced to $750,000 prior to trial. The plaintiffs asked the jury to award them $2.9 million at trial.
Specials in Evidence
$12,000; $3,500 funeral expenses
Damages
The plaintiff claimed $3,500 in damages.
Injuries
Death of a son.
Other Information
The verdict was reached approximately three years after the case was filed. A settlement conference/arbitration/mediation was held in August 1996 before Judge McVittie of Pomona Superior Court resulting in no settlement. ANY INTERESTING EXPERT TESTIMONY??
Deliberation
6 hours
Poll
11-1
Length
9 days
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