Thomas Gonzales v. Santa Barbara Metropolitan Transit District, et al.
Published: Jul. 24, 1999 | Result Date: May 7, 1999 | Filing Date: Jan. 1, 1900 |Case number: 224054 Verdict – $0
Judge
Court
Santa Barbara Superior
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Thomas Kennedy
(medical)
Ernest Ferrel
(medical)
Defendant
William Rack
(medical)
Elmore Smith
(medical)
Facts
On Aug. 26, 1996, the plaintiff, a 29-year-old sales clerk and electrician, drove into the gas station and parked his car along the pump island closest to the street. He walked across the property toward the office. As he approached the pump island closest to the office, he noticed a white Sedan backing up in a northern direction. The plaintiff stopped to see if the Sedan would stop, which it did, the plaintiff could not see the driver at this point and did not make eye contact with him. He believed, however, that the driver saw him, and proceeded into the vehicle's projected path. While walking across the vehicle's projected path, the plaintif looked back behind him to see the number on the pump that he intended to use. The next thing he knew, the rear bumper of the Sedan struck him on the outside of the right knee and it drove off the property. The plaintiff did not get the license number and only got a glance of the driver. A clerk at the gas station saw the Sedan and believed that it was one of the many of defendant's Sedans that frequently filled up at the station. She called 911 and reported a hit and run accident involving one of the defendant's vehicles. Records from the gas station showed that one of the defendant's employees pumped gas into a white Sedan at the gas station 31 minutes before the police were called. The plaintiff brought this action against the defendants based on negligence.
Specials in Evidence
$13,000
Injuries
The plaintiff suffered intense lower back pain with associated radicular pain in the right lower extremity and numbness in the right foot and toes. The plaintiff has some continuing pain in his lower back, as well as numbness in his toes as of the date of trial.
Other Information
The verdict was reached approximately one year and nine months after the case was filed. EXPERT TESTIMONY: Dr. Elmore Smith, who conduced a Qualified Medical Evaluation of plaintiff seven days prior to the gas station incident. At that time, the plaintiff complained to Dr. Smith of intense lower back pain as well as radicular pain in the right lower extremity and numbness in the toes.
Deliberation
1¾ hours
Poll
12-0
Length
four days
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