Robert and Katherine Kitaji individually and as Administrators of the Estate of Robert S. Kitaji v. Jeff David Eliason
Published: Feb. 25, 1995 | Result Date: Nov. 17, 1994 | Filing Date: Jan. 1, 1900 |Case number: 731094 – $0
Judge
Court
Santa Clara Superior
Attorneys
Plaintiff
Defendant
Christian B. Nielsen
(Office of the San Jose City Attorney)
Experts
Plaintiff
John W. Hanbery
(medical)
Gary M. Hesler
(technical)
Facts
On May 5, 1992, at/or near the intersection of Curie Drive and St. Ignacio Drive in the City of San Jose, Robert Kitaji was a passenger in a pick-up truck driven by Defendant Jeff David Eliason. Robert Kitaji was a 21-year-old framer at an art supply store. Defendant Eliason was 19 years of age at the time. That evening, Kitaji, Eliason, and a number of other individuals had been lifting weights and drinking beer. En route from one residence to another, Robert Kitaji, who was sitting in the back of Defendant's pick-up truck, was allegedly ejected from the truck when the Defendant made a left turn after failing to stop at a stop sign at a T intersection. As a result of being ejected, Kitaji hit his head on the curb. The Defendant continued down the street and was unaware that Kitaji had been ejected from the truck. Some time later, in an effort to locate Kitaji, Defendant returned to the area where the accident occurred and found a pool of blood and Kitaji's baseball cap. Meanwhile Kitaji managed to return to his home where he was found a few hours later; he was taken to Kaiser Hospital in San Jose where he was admitted; he died the following day from a subdural hematoma. Plaintiffs were the decedent's parents.
Settlement Discussions
Defendant contends he made a 998 offer of $25,000 increased to $50,000 at the time of trial; and Plaintiffs made a policy limits demand of $300,000 reduced to $150,000 at the time of trial.
Specials in Evidence
$28,000 (including funeral expenses) not submitted
Damages
Plaintiff asked the jury for $1,000,000; and Defendant asked the jury for a defense verdict.
Injuries
Death of adult son.
Other Information
Plaintiffs' new trial motion was denied.
Deliberation
1 hour
Poll
12-0 that Defendant was negligent, 10-2 that Defendant's negligence was not a cause of decedent's death
Length
8 days
For reprint rights or to order a copy of your photo:
Email
jeremy@reprintpros.com
for prices.
Direct dial: 949-702-5390