This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.

Personal Injury (Vehicular)
Pedestrian v. Auto
Negligence

Mark Mosqueda v. City of Oxnard, et al.

Published: Nov. 30, 1996 | Result Date: Jul. 12, 1996 | Filing Date: Jan. 1, 1900 |

Case number: 121587 –  $85,000

Judge

Barbara A. Lane

Court

Ventura Superior


Attorneys

Plaintiff

Mark A. Brodka


Defendant

Thomas E. Beach
(Beach Law Group LLP)


Experts

Plaintiff

Craig MacClean
(medical)

E. Jeffrey Barney
(medical)

Defendant

Jerome Covin
(medical)

Facts

On July 27, 1991, plaintiff Mark Mosqueda, a 29-year-old muffler installer, was participating in a neighborhood clean-up program sponsored by the defendant city of Oxnard. The plaintiff assisted the driver of the city refuse vehicle in the delivery of a 30 cubic yard refuse container at the site. While the plaintiff was between the truck and the container assisting the driver, the driver moved his truck forward resulting in a crush injury to the plaintiff's left foot. The plaintiff brought this action against the defendants based on negligence theories of recovery.

Settlement Discussions

The plaintiff made a C.C.P. º998 settlement demand for $50,000. The defendants made a C.C.P. º998 offer of compromise for $45,000.

Specials in Evidence

$11,980 $11,040

Injuries

The plaintiff alleged he suffered a crush injury to his foot, an interarticular fracture of his great toe, resulting in skin graft surgery in September 1991.

Other Information

The verdict was reached approximately four years and two months after the case was filed. An arbitration resulted in an award of $35,000. The plaintiff requested a trial de novo.

Deliberation

4 hours

Poll

____ (numbers pls)

Length

4 days


#85143

For reprint rights or to order a copy of your photo:

Email jeremy@reprintpros.com for prices.
Direct dial: 949-702-5390