Rachael Selby, a minor v. Rachelle C. Ward
Published: Aug. 21, 1999 | Result Date: Jun. 7, 1999 | Filing Date: Jan. 1, 1900 |Case number: MC007133 Arbitration – $572,687
Judge
Court
L.A. Superior Lancaster
Attorneys
Plaintiff
Defendant
James J. Perkins
(Colman Perkins Law Group)
Experts
Plaintiff
Robert C. Peckham
(technical)
Manuel Arroyo
(medical)
Charles W. Frost
(technical)
David Gelles
(medical)
Defendant
Irvin Gettleman
(medical)
Facts
On Sept. 28, 1995, plaintiff Rachel Selby, a 9-year-old girl, was a passenger in her mother's Mazda, which was being driven by her 16-year-old sister, Erin Selby. Erin Selby had received her driver's license two weeks earlier. The sisters were traveling north on 30th Street West in Lancaster. The plaintiff's sister drove north into the intersection of Avenue K-8 and stopped in the intersection, intending to make a left turn onto westbound Avenue K-8. Defendant Rachelle Ward was driving her Chevrolet Suburban south on 30th Street West, approaching the intersection of Avenue K-8. The cars collided in the intersection, at the line dividing the number-one and number-two southbound lanes of 30th Street West. The collision caused the Mazda's right front passenger door to move 22 inches into the cabin of the car, injuring the plaintiff. The Mazda was declared a total loss. The minor plaintiff brought this action against the defendant based on negligence theories of recovery.
Settlement Discussions
The plaintiff made a C.C.P. º 998 settlement demand for $225,000. The defendant made a C.C.P. º 998 settlement offer of $10,000. According to the defendant, the plaintiff later rejected an offer of $125,000 in favor of a binding arbitration with a mini/maxi of $125,000/$250,000.
Injuries
The plaintiff was knocked unconscious and sustained head injuries, numerous broken bones surrounding her right eye, and a degloving injury which separated her upper lip and part of her nose from their points of attachment, resulting in brain damage and requiring multiple surgeries. The plaintiff was taken by ambulance to Antelope Valley Hospital and transferred to UCLA Medical Center later that evening. After 13 days in the hospital, she was released but was unable to return to school until the following year, requiring home instruction. In April 1997, she underwent reconstructive surgery and may need further surgery as an adult to improve a permanent deformity to her right eyelid. The plaintiff sustained minor brain damage in areas of auditory functions, memory and perception, including spelling and sentence construction. She has made some improvement during the last four years, and the extent of any permanent disability is unknown. Her injuries also left her with permanent numbness in her right cheek and upper jaw.
Other Information
The award was reached approximately four years after the case was filed. A binding arbitration was held on June 7, 1999 before Hon. William Sheffield, retired, resulting in the reported award. EXPERT TESTIMONY: Plaintiff's experts Charles Frost and Robert Peckham testified that the defendant had been traveling between 57 and 80 mph when she applied her brakes, judging from the location of the vehicles' points of rest in the southwest corner of the intersection, the extent of damage to both vehicles, and the defendant's statement that she applied her brakes immediately upon seeing the Mazda commence the left turn. The plaintiffs experts also testified that it was physically impossible for the defendant to have been in the location she stated when the light turned yellow, according to the statements of an independent witness. The plaintiff's experts testified that, in fact, the defendant had been several hundred feet north of Avenue K-8 when the light turned yellow and had entered the intersection against a red light.
For reprint rights or to order a copy of your photo:
Email
jeremy@reprintpros.com
for prices.
Direct dial: 949-702-5390