Richard L. Beck v. County of Riverside, Bobbie Jo Garza
Published: Oct. 17, 2009 | Result Date: Sep. 17, 2009 | Filing Date: Jan. 1, 1900 |Case number: RIC450821 Verdict – $148,800
Court
Riverside Superior
Attorneys
Plaintiff
Defendant
Dennis G. Popka
(Orrock, Popka, Tucker & Dolen)
Experts
Defendant
Alan M. Strizak
(medical)
Robin T. Harrison
(technical)
Facts
The accident occurred on Sept. 15, 2005 at 1 p.m. at the intersection of Domenigoni Parkway and Sanderson Avenue in Hemet. Plaintiff Richard Beck was driving a 2002 Ford F350 southbound on Sanderson in the left turn only lane. Defendant Bobbie Jo Garza was driving a 2005 Mercury Sable owned by County of Riverside.
On the date of the accident, Garza was an on-duty investigator for the county of Riverside. She turned right and entered the number three lane westbound on Domenigoni Parkway. As she approached the intersection at Sanderson, she moved into the number one lane. Garza testified that she was about 1/4 mile from the intersection at Sanderson when she first saw the green light at the intersection. She further testified that plaintiff Richard Beck was stopped at the intersection southbound on Sanderson. After she saw Beck's white pickup pull in front of her, she slammed on her brakes, skid into the intersection, and collided with plaintiff's vehicle.
Beck filed a lawsuit against Garza and the county. The county filed a cross-complaint for property and medical damages.
Contentions
PLAINTIFF'S CONTENTIONS:
Beck claimed that Garza ran the red light and struck his vehicle from the side. Garza claimed to have been traveling 60-65 mph, and while she testified that she was only 30-40 feet from the intersection when she saw Beck, she left 103-foot skid marks.
DEFENDANT'S CONTENTIONS:
Garza claimed that Beck entered the intersection on the red light from a complete stop. Garza also claimed that she entered the intersection on the green light and could not stop before striking Beck's truck.
Settlement Discussions
According to plaintiff's counsel: Defendant served a C.C.P. Section 998 to Beck before trial for $2,500. Plaintiff's last demand was for $125,000.
Specials in Evidence
$120,000
Damages
The county claimed reimbursement for the reasonable market value of the 2005 Mercury Sable driven by Garza at the time of the accident.
Injuries
Beck claimed that he suffered soft tissue injuries with injuries to his neck and lower back. Dr. David Wood testified that there was a possibility that Beck would need surgery in the future.
Result
The jury awarded plaintiff $148,800.
Other Information
FILING DATE: June 1, 2006.
Deliberation
4.5 hours
Poll
11-1 (liability), 9-3 (damages)
Length
six days
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