Jose Hernandez v. National Carriers, et al.
Published: Mar. 11, 1995 | Result Date: Feb. 17, 1995 | Filing Date: Jan. 1, 1900 |Case number: BC098155 – $1,001,160
Judge
Court
L.A. Superior Central
Attorneys
Plaintiff
Robert L. Luty
(Robert L Luty Attorney at Law)
Defendant
Thomas J. Dowling
(Hager & Dowling)
Experts
Plaintiff
William A. Anneman
(technical)
Jerome Lapporte
(technical)
Ted Mitchell
(technical)
Bradley Fideler
(medical)
Juliet DeCampos
(medical)
Defendant
Allan Keith Miller
(technical)
John P. Viboch
(medical)
Facts
On January 10, 1994, Plaintiff Jose Hernandez, a 58-year-old Spanish-speaking spray painter of metal drums, was operating a 1981 Honda Passport motorcycle southbound at 5:00 a.m. in darkness. Defendant's tractor/trailer rig was traveling northbound and made a left turn on a green light at an intersection. The two vehicles collided. Plaintiff's motorcycle headlamp was determined to have burned out prior to the collision. Plaintiff is amnesic concerning the accident details.
Settlement Discussions
Plaintiff contends he made a 998 demand for $1,000,000 in May of 1994 reduced at trial to $800,000; Defendant offered $125,000 prior to trial and increased to $700,000 after one week of trial.
Specials in Evidence
$82,260 $25,750 $126,800 $91,988
Injuries
Plaintiff sustained a collapsed lung; fractured clavicle, scapula, ribs, femur, tibia, and fibula; and a partial traumatic amputation of the distal index finger. He underwent open reduction internal fixation of the left femur, tibia, and fibula; surgical repair of the rotator cuff; and 16 days in-patient care at LAC/USC. He is presently receiving physical therapy and it was claimed he would to undergo future surgeries.
Deliberation
2 days
Poll
12-0
Length
10 days
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