Jose R. Gonzalez v. Benhour Soleimini, et al.
Published: May 4, 2004 | Result Date: Mar. 11, 2004 | Filing Date: Jan. 1, 1900 |Case number: SC077071 Verdict – $0
Judge
Court
L.A. Superior Santa Monica
Attorneys
Plaintiff
James P. Carr
(Yuhl Carr LLP)
Defendant
Experts
Plaintiff
Keith A. Miller
(technical)
Defendant
Thomas F. Fugger Jr., P.E.
(technical)
Anthony C. Stein Ph.D.
(technical)
Facts
On Sep. 15, 2002, at approximately 5 p.m., the plaintiff Jose Gonzalez, aged 56, made a left-hand turn from westbound Wilshire Boulevard onto southbound Barrington. He was struck while in the process of making his left-turn by the defendant who was traveling eastbound on Wilshire in the no. 2 of three eastbound lanes. The intersection of Wilshire and Barrington is controlled by a tri-light traffic signal. The plaintiff suffered brain damage and has no recollection of the accident. The plaintiff conceded at trial that he had turned on a green light and failed to yield the right-of-way to the defendant vehicle. The plaintiff argued that the defendant was comparatively at fault for exceeding the speed limit and being inattentive. The accident was witnessed by four individuals. Their testimony varied on the speed of the defendant's vehicle at between 30 mph and 45 mph at the time of the impact. Both accident reconstruction experts concluded that there was no pre-impact braking from the defendant's vehicle. The case was bifurcated and tried on liability first.
Settlement Discussions
The plaintiffs initially made a demand for $500,000 policy limits and subsequently lowered that to a Section 998 demand for $250,000. The defendant offered C.C.P. Section 998 for $100,000.
Specials in Evidence
$450,000 approximately $100,000 To be determined
Injuries
The plaintiff suffered a C2 spinous fracture and a right skull fracture with resulting coma that lasted three weeks. The plaintiff claimed significant ongoing residual cognitive impairment that inhibits him from working or driving an automobile.
Deliberation
30 minutes
Poll
9-3 (no negligence)
Length
five days
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