This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.

Personal Injury (Vehicular)
Shuttle Bus Accident
Negligence

Michael Fabianac v. Hertz Corporation, Damon Jose

Published: Nov. 4, 2000 | Result Date: Apr. 11, 2000 | Filing Date: Jan. 1, 1900 |

Case number: 950763 Verdict –  $16,005

Judge

Ina Levin Gyemant

Court

San Francisco Superior


Attorneys

Plaintiff

Mark Divelbiss

Robert Divelbiss


Defendant

James G. Scadden
(Gordon & Rees LLP)


Experts

Plaintiff

Michael J. Collins
(technical)

Albert Geller
(medical)

Tom Rust
(technical)

Phillip H. Allman III, Ph.D.
(technical)

Defendant

Tom Lepper
(technical)

Lucien L. Trigiano
(technical)

Facts

The plaintiff alleged that he was injured on an airport shuttle bus when the driver quickly accelerated and then stopped, causing the plaintiff to fall. The plaintiff was a 32-year-old Charles Schwab & Co. executive and race car driver. The defendants contended comparative fault for plaintiff standing on the moving shuttle.

Settlement Discussions

The plaintiff demanded $500,000. The defendant offered $98,000.

Specials in Evidence

$32,000 $10 million (from Charles Schwab and career as professional race car driver)

Injuries

Fractured nose, fractured clavicle, dislocated shoulder, cracked tooth, internal derangement of knee and post-traumatic stress disorder.

Other Information

<P>A motion for new trial was denied. The plaintiff filed a notice of appeal.</P>

Deliberation

four hours

Length

2.5 weeks


#88412

For reprint rights or to order a copy of your photo:

Email jeremy@reprintpros.com for prices.
Direct dial: 949-702-5390