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Personal Injury (Non-Vehicular)
Sexual Battery
Minor

Patricia Gamble Zmuda v. H. Tim and Robin Lynn Williams

Published: Feb. 4, 1995 | Result Date: Dec. 15, 1994 | Filing Date: Jan. 1, 1900 |

Case number: 672228 –  $400,000

Judge

Janet I. Kintner

Court

San Diego Superior


Attorneys

Plaintiff

Andrea Leavitt

Joel G. Selik
(Law Office of Joel G. Selik)


Defendant

Brian A. Rawers

Timothy S. Thomas


Experts

Plaintiff

Manuel David Tobias
(medical)

Calvin A. Colarusso
(medical)

Roger A. Thrush Ph.D.
(technical)

Roberta J. Spoon
(technical)

Defendant

John Colafranceso
(technical)

Joseph Mawhinney
(medical)

R. Trent Coleman
(technical)

Facts

In 1978 Plaintiff Patricia Gamble Zmuda's parents became divorced. From 1986 to 1988 Plaintiff's natural mother was unable to take care of Patricia; Patricia became homeless. In 1988 Patricia's natural father, Defendant H. Tim Williams and his wife, Plaintiff's stepmother Robin Lynn Williams, took Plaintiff into their home when Plaintiff was approximately 13 years of age. Approximately 13 months later, Plaintiff alleged she had been raped by her father was removed from Defendants' home by Child Protection Services. She subsequently became homeless again. On December 31, 1994, Plaintiff was a homeless emancipated minor and filed this lawsuit against her natural father and stepmother. At trial Plaintiff was 17 years of age.

Settlement Discussions

Plaintiff contends she demanded the policy limits of $99,999 and Defendants offered $25,000. Defendant stepmother contends that Plaintiff made 14 separate demands, some per 998, most were not; the demands ranged from $100,000 to $999,999; and Defendant Robin Williams offered $40,000 before trial and $61,000 after the verdict.

Specials in Evidence

not disclosed not disclosed

Damages

Plaintiff claimed economic losses estimated to be from $150,000 to $900,000.

Injuries

Psychological damage and vocational impairment requiring future counseling and rehabilitation.

Other Information

This case was filed December 31, 1993 and concluded December 15, 1994.

Deliberation

6.5 hours

Poll

12-0 against Defendant father and 9-3 against Defendant stepmother

Length

5 weeks


#86368

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