Carlos Rocha v. Ramon Correa
Published: Dec. 24, 1993 | Result Date: Nov. 29, 1993 | Filing Date: Jan. 1, 1900 |Case number: SM073908 – $0
Judge
Court
Santa Barbara Superior
Attorneys
Plaintiff
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
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