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Personal Injury (Vehicular)
Truck Accident
Broadside Collision

Carlos Rocha v. Ramon Correa

Published: Dec. 24, 1993 | Result Date: Nov. 29, 1993 | Filing Date: Jan. 1, 1900 |

Case number: SM073908 –  $0

Judge

Frederick Brown

Court

Santa Barbara Superior


Attorneys

Plaintiff

Richard C. Brenneman


Defendant

Greg A. Coates
(Law Office of Greg A. Coates)


Experts

Plaintiff

Lawrence Fogel
(medical)

Edward L. Bennett M.A.
(technical)

Margaret E. Elfering
(medical)

Peter Russell
(medical)

Defendant

Peter Russell
(medical)

John E. Villafranco
(Kelley, Drye & Warren LLP) (technical)

Dennis C. Schneider
(technical)

Facts

The Plaintiff was a passenger in a Ford F-150 truck heading eastbound on the 166 Highway near Santa Maria. The Defendant Ramon Correa owned and operated an automotive repair shop. Defendant's shop had previously worked on a vehicle owned by Cross-defendant Ramon Mandujano, approximately one week before the subject accident. On the day of the accident, after the vehicle had been returned to Cross-defendant Mandujano, it died on Black Road. The Defendant was called to tow the vehicle. The Defendant ascertained that the vehicle was merely out of gas. He decided to drive it to his shop. As Defendant was driving to his shop, he experienced a sudden brake failure due to a defective single master cylinder. As a result, he struck the Plaintiff's vehicle broadside. The Plaintiff Carlos Rocha, a 13-year-old student, was ejected from his vehicle.

Settlement Discussions

Defendant contends his final offer prior to trial was $160,000 and Plaintiff's last official demand was $250,000.

Specials in Evidence

$11,000 $3-400,000 $188,000

Injuries

Oscalcis fracture of the left heel requiring probable future triple arthrodesis; basal skull fracture and mild closed head injury requiring 5 days hospitalization.

Deliberation

4.5 hours

Poll

9-3

Length

8 days


#88175

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