Walter Schmidt v. C.C. Spradley & Sons
Published: Nov. 27, 1999 | Result Date: Sep. 24, 1999 | Filing Date: Jan. 1, 1900 |Case number: 137220 – $242,300
Judge
Court
Merced Superior
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Donald Carter
(medical)
Defendant
James Keechner
(medical)
Facts
On Sept. 20, 1996, plaintiff Walter Schmidt, a 43-year-old truck driver, was driving his "big rig" tractor trailer on the 99 Freeway in Merced. His wife, 46-year-old truck driver Roberta Schmidt, was riding in the passenger seat. As they were travelling, a "big rig" tractor trailer driven by Patrick Everett for his employer, defendant C.C. Spradley & Sons, suffered a front-tire blow-out, causing the truck to swerve across the freeway. The defendants' truck struck the trailer of the plaintiffs' truck, causing both trucks to overturn. In the crash, a tool box struck the plaintiff wife in the face, fracturing her eye socket. Plaintiffs Walter and Roberta Schmidt brought this action against C.C. Spradley & Sons based on negligence and respondeat superior theories of recovery.
Settlement Discussions
The plaintiffs made a combined settlement demand for $100,000. The defendant made a settlement offer of $40,000 for plaintiff wife and $10,000 to plaintiff husband.
Specials in Evidence
$3,328 (Roberta); $1,900 (Walter). $15,000 (Roberta); $5,500 (Walter). $25,000 to $35,000 (per the plaintiffs); $8,000 (per the defendant).
Injuries
Plaintiff Roberta Schmidt suffered a broken eye orbit. The fracture healed, but the sensory nerve is trapped, resulting in pain and paresthesia. The plaintiffs claimed surgical repair is indicated, but carries only a 25 percent chance of improving the plaintiff wife's condition. Plaintiff Walter Schmidt suffered back and neck stiffness, requiring physical therapy.
Other Information
An arbitration was held before Casey Oliver, resulting in an award of $110,686 to plaintiff Roberta and $27,430 to plaintiff Walter.The defendant requested a trial de novo. On Nov. 5, 1999, defendants gave notice of intention to move for a new trial. The verdict was reached approximately three years after the case was filed.
Deliberation
1+ hours
Poll
12-0
Length
three days
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