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Personal Injury (Vehicular)
Auto v. Pedestrian
Premises Liability

Teresa De Jesus Aguilar v. Hughes Aircraft Company and O'Donnell

Published: Nov. 16, 1996 | Result Date: Oct. 3, 1996 | Filing Date: Jan. 1, 1900 |

Case number: 717545 –  $0

Judge

Floyd Schenk

Court

Orange Superior


Attorneys

Plaintiff

Kennith L. Peterson


Defendant

Carlos A. Lloreda Jr.

James R. Balesh


Experts

Plaintiff

William Kunzman
(technical)

Catherine M. Graves MBA
(technical)

James K. Styner
(medical)

Defendant

John L. Howard
(medical)

Lester M. Zackler M.D.
(medical)

Fawzi Bayan
(technical)

Facts

On Sept. 22, 1992, plaintiff Teresa De Jesus Aguilar, a 60-year-old housekeeper, was walking across Hughes Drive on the premises of defendant Hughes Aircraft Company's Fullerton facility when she was struck by a vehicle driven by the defendant driver O'Donnell. As a result, the plaintiff suffered personal injuries, the plaintiff settled with the defendant driver for $17,500 prior to trial at the mandatory settlement conference. The plaintiff initially brought this action against the defendant driver based on a general Hughes based on negligence and later brought in premises liability theories of recovery.

Settlement Discussions

The plaintiff made a C.C.P. º998 settlement demand for $10,000 inreased to $112,000 at trial. Defendant Hughes Aircraft Company made no settlement offers.

Specials in Evidence

$6,000 $16,000 $40,000

Damages

The plaintiff requested $112,000 at trial from defendant Hughes Aricraft Company.

Injuries

The plaintiff claimed a displaced fractured clavicle with a frozen shoulder, a scalp laceration, neck and back strain, multiple contusions of the left lower extremity, cerebral, concussion, depression and carpal tunnel syndrome.

Other Information

The verdict was reached approximately three years and one month after the case was filed. An arbitration, including the plaintiff and defendant driver only, was held in May 1994 before Stephen Bromberg resulting in an award against the defendant driver for $13,500. The plaintiff requested a trial de novo and later amended the complaint to join Hughes as a defendant in April 1995.

Deliberation

1+ hours

Poll

9-3

Length

8 days


#85138

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