Jacqueline Webb, et al. v. Coors Distributing Company, Penske Truck Leasing Inc., Ronald Eugene Hubbard
Published: Jul. 22, 2000 | Result Date: Mar. 21, 2000 | Filing Date: Jan. 1, 1900 |Case number: TC011870 Verdict – $1,063,000
Judge
Court
L.A. Superior Compton
Attorneys
Plaintiff
Kenneth M. Sigelman
(Kenneth M. Sigelman & Associates)
Penelope A. Phillips
(Kenneth M. Sigelman & Associates)
Defendant
Experts
Plaintiff
Ronald P. Carr
(technical)
Brian P. Jacks
(medical)
Doreen Casuto RN, MRA, CRRN, CCM
(technical)
Sandra Schneider
(technical)
William W. Brien
(medical)
Tamorah Hunt
(technical)
Defendant
Milton E. Ashby
(medical)
Jacob Ishkanian
(medical)
Edward L. Workman
(technical)
Barbara S. Moyer
(medical)
A. Jubin Merati Ph.D.
(technical)
Facts
On Dec. 5, 1997, plaintiff Jacqueline Webb was driving a 1992 Toyota Camry westbound on Carson Street, taking her two children, Lamont Fitts, then aged 12, and Ashley Fitts, then aged 10, to school. Defendant Ronald Eugene Hubbard, an employee of defendant Coors Distributing Company Inc., was driving eastbound on Carson Street in a truck leased by Coors from defendant Penske Truck Leasing Inc. Defendant Hubbard made a left turn, heading for a driveway on the north side of the street where he intended to pull into a liquor store to make a delivery, and in doing so, he broadsided the plaintiff's vehicle. The point of impact was on Carson Street, approximately 110 feet west of the intersection of Carson and Wilmington Boulevard, which was controlled by traffic lights in all directions. Plaintiff Jacqueline Webb did not have liability insurance at the time of the accident and accordingly, was not entitled to claim general damages pursuant to Prop. 213.
Settlement Discussions
The plaintiff demanded $560,000. The defendant offered $270,000.
Specials in Evidence
$80,000 (Jacqueline Webb); $1,000 (Ashley Fitts); $800 (Lamont Fitts) $50,000
Injuries
Plaintiff Jacqueline Webb suffered fractures of her left femur, left tibia, right ulna and right wrist. Lamont Fitts and Ashley Fitts suffered minor soft tissue injuries and emotional distress.
Other Information
Defendant's motion for judgment notwithstanding the verdict for new trial and to tax costs were denied. Approximately $89,000 in costs plus prejudgment interest were added to the verdict pursuant to the provisions of C.C.P. Section 998. The judgment has been paid in full. The verdict included $963,000 in economic damages as to Jacqueline Webb, and $50,000 each in non-economic damages to Lamont and Ashley.
Poll
12-0 (liability), 10-2 (damages)
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