Jennifer Barth v. Deric H. Bjork, Joseph D. Turney, et al.
Published: Dec. 11, 1999 | Result Date: Jun. 30, 1999 | Filing Date: Jan. 1, 1900 |Case number: 301194 – $2,163
Judge
Court
Riverside Superior
Attorneys
Plaintiff
Sanford A. Kassel
(Sanford A. Kassel APLC)
Defendant
Brian T. Moss
(Manning & Kass, Ellrod, Ramirez, Trester LLP)
Experts
Defendant
James G. Kent Ph.D.
(technical)
Facts
At 7:20 a.m. on Sept. 6, 1996, plaintiff Jeffrey Barth was driving his 1994 Dodge Van southbound on Bradley Road south of Holland Road in Riverside County. Plaintiff Jennifer Barth, his daughter, was a passenger in his car. The plaintiff claimed he was stopped in traffic when his vehicle was struck in the rear by a 1973 Plymouth Scamp owned and driven by defendant Joseph Turney. Defendant Turney claimed his vehicle was struck in the rear by a 1969 Chevrolet Camaro driven by defendant Deric Bjork. The defendant claimed the impact from that collision caused his vehicle to strike the plaintiffs' vehicle. Plaintiffs Jeffrey and Jennifer Barth brought this action against defendants Turney and Bjork based on negligence theories of recovery. Defendant Turney brought a cross-complaint against Bjork.
Settlement Discussions
Defendant Turney made a C.C.P. º998 offer of compromise for $1,000 to Jennifer Barth and $500 to Jeffrey Barth. Defendant Bjork made C.C.P. º998 offer of compromise for $2,500 to Jennifer Barth and a waiver of costs to Jeffrey Barth.
Specials in Evidence
$2,500 (Jennifer Barth) ? $15,000 (both plaintiffs) ?
Damages
The plaintiffs claimed $_____________ in economic damages and $___________ in non-economic damages.
Injuries
Plaintiff Jeffrey Barth claimed he suffered soft tissue injuries to the neck and back, resulting in constant and increasing pain. Plaintiff Jennifer Barth claimed she suffered soft tissue injuries to the neck, back and shoulder, requiring surgery for a torn labrum. The
Other Information
An arbitration was held on July 13, 1998 before Bruce MacLachlan resulting in an award of $25,000 to Jennifer Barth and $7,500 to Jeffrey Barth, with 100 percent liability apportioned to defendant Turney. Defendant Turney requested a trial de novo. The verdict was reached approximately one year and nine months after the case was filed. At trial, the plaintiffs testified that they heard two impacts but felt only one.
Deliberation
three days
Poll
12-0 (liability); 9-3 (damages)
Length
six days
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