Anthony Smith and Frances Smith v. People of the State of California Acting by and through the Department of Transportation
Published: Aug. 1, 1998 | Result Date: Jun. 24, 1998 | Filing Date: Jan. 1, 1900 |Case number: CIV152765 Verdict – $1,330
Judge
Court
Ventura Superior
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Randolph Nutter
(medical)
Samuel Small
(medical)
George M. Brinton
(technical)
Gene Bruno M.S., C.R.C., C.C.M., C.D.M.S.
(technical)
Harry J. Krueper Jr.
(technical)
Albert J. Stroberg
(medical)
Defendant
John Hochman
(medical)
Jacqueline G. Paver
(technical)
Clay A. Campbell
(technical)
Kenneth C. Berner
(technical)
Facts
On March 11, 1994, plaintiff Anthony Smith, a 49-year-old sheet metal worker, and his wife, Frances Smith, a 45-year-old waitress, were involved in an auto accident while traveling through the intersection of Highway 33, Santa Ana Boulevard and Ojai Drive. The plaintiffs claimed this intersection was in a dangerous condition and that CalTrans had promised to install a left turn phase which would have prevented the accident. The plaintiffs alleged that the absence of the left turn phase, along with other factors, made the intersection a dangerous condition of public property. The defendant claimed there was no defect and that they had immunity. The plaintiffs brought this action against the defendant based on a dangerous condition of public property theory of recovery.
Settlement Discussions
The plaintiff filed CCP º998 offers in the amount of $299,000 for Anthony Smith and $199,000 for Frances Smith. Per plaintiffs, the state offered $150,000 prior to trial.
Specials in Evidence
$163,417 (plaintiff Anthony Smith); $138,025 (plaintiff Frances Smith) $178,589 (plaintiff Anthony Smith); $35,128 (plaintiff Frances Smith) $235,049 plus $75,180 in fringe benefits, plus $24,500 rehabilitation expense (Anthony Smith); $22,955 (Frances Smith) $161,767 (plaintiff Anthony Smith)
Injuries
Plaintiff Anthony Smith claimed a severe comminuted fracture of the tibial plateau with possible amputation. He underwent numerous surgeries. Plaintiff Frances Smith sustained a complex fracture of the femur requiring numerous surgeries, as well as an injury to her neck requiring surgical fusion.
Other Information
The verdict was reached approximately three years and four months after the case was filed.
Length
11 days
For reprint rights or to order a copy of your photo:
Email
jeremy@reprintpros.com
for prices.
Direct dial: 949-702-5390