John DiLullo and Danielle Stokes v. Thomas C. Skouros
Published: Jul. 29, 2000 | Result Date: Feb. 4, 2000 | Filing Date: Jan. 1, 1900 |Case number: PC022851 Verdict – $24,414
Judge
Court
L.A. Superior San Fernando
Attorneys
Plaintiff
Eric B. Kingsley
(Kingsley & Kingsley APC)
Defendant
Experts
Plaintiff
Andrew E. Berman
(medical)
Todd Mulnar
(medical)
Defendant
N. Paul Rosenthal
(medical)
Facts
The plaintiffs, John DiLullo, a 33-year-old home entertainment products employee and Danielle Dilullo, a 29-year-old who was unemployed, were passengers in a 1997 Jeep Wrangler owned and operated by the defendant Thomas C. Skouros. The plaintiffs were traveling in Joshua Tree National Park on a dirt road with bumps and ruts and a posted speed limit of 25 mph. Defendant Lisa Skouros was also a passenger. The plaintiffs claimed that the defendant was driving in excess of 50 mph which was supported by an independent witness. The front wheels of the Jeep went into a ditch and the defendant lost control. The plaintiffs alleged that the Jeep was airborne twice and rolled-end-over three times before coming to rest on the passenger side.
Settlement Discussions
The plaintiffs made C.C.P. Section 998 settlement demands $35,000 for John and $50,000 for Danielle. The defendant made a C.C.P. Section 998 offer fo $10,500 for John and $15,000 for Danielle.
Specials in Evidence
$12,272 (for plaintiff John), $6,089 (for Danielle) $5,154 (for plaintiff John) $5,615 (for plaintiff Danielle) $11,000 (for plaintiff John for future surgery)
Injuries
Plaintiff John DiLullo claimed continuing pain in low back and tear in annulus of L4-5 disc. Danielle DiLullo claimed laceration behind right ear, hyperintensity in air cells of petromastoid complex, hyperintensity on protein density and muffled hearing left ear. Danielle DiLullo has residual headaches and hypersensitivity to cold and wind in right ear.
Other Information
<P>The plaintiffs' motion for new trial or additur was denied on March 10, 2000.</P>
Poll
11-1 (for plaintiff John) and 12-0 (for plaintiff Danielle)
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