Leandro Robert Benavides and Jose Aguilar v. City of Santa Ana, et al.
Published: Feb. 11, 1995 | Result Date: Sep. 29, 1994 | Filing Date: Jan. 1, 1900 |Case number: 705612 – $0
Judge
Court
Orange Superior
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
H. Thomas Ganz
(technical)
Nick K. Sharma
(medical)
Defendant
William T. Smith Jr.
(technical)
George S. McCann
(medical)
John Edward Muse
(technical)
Facts
On August 2, 1992, Plaintiffs Leandro Robert Benavides and Jose Aguilar were both riding a moped and approaching an intersection on a green light. Both Plaintiffs were in their early 20's; Benavides was an unemployed laborer and Aguilar was a minimum wage kitchen worker at McDonalds. At the same time, Defendant City of Santa Ana's hook-and-ladder truck, with red lights and siren running, was responding to a "man down on a roof with heart attack" call. The emergency vehicle entered the intersection and was struck by Plaintiffs on the motorbike.
Settlement Discussions
Defendants contend they offered a dismissal in exchange for waiver of costs; Plaintiff Benavides demanded $71,000; and Plaintiff Aguilar demanded $10,000.
Specials in Evidence
$67,000 (Benavides) $7,000 (Aguilar) 3 to 4 months (Aguilar)
Injuries
Plaintiff Benavides sustained severe knee and leg injuries requiring knee surgery and rehabilitation. Plaintiff Aguilar sustained soft tissue neck and back requiring physical therapy.
Deliberation
2.75 hours
Poll
10-2
Length
8 days
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