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
Court
Ventura Superior
Attorneys
Plaintiff
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
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