Joseph Matthew Ornelas, a minor, by and through his Guardian Ad Litem, Stephanie Ornelas v. Karl Smith and Vanessa Smith
Published: Nov. 7, 1998 | Result Date: Aug. 28, 1998 | Filing Date: Jan. 1, 1900 |Case number: GC016822 Verdict – $103,000
Judge
Court
L.A. Superior Pasadena
Attorneys
Plaintiff
Vicki I. Sarmiento
(Law Offices of Vicki I. Sarmiento)
Defendant
Experts
Plaintiff
Robert Propper
(medical)
Robert Jastrab
(medical)
Facts
On March 31, 1995, plaintiff Joseph Matthew Ornelas, a 10-year-old boy, was riding his bicycle in his old neighborhood at approximately 5 p.m. He observed a wooden ramp in front of defendants' house. Children used to jump off of it with their bicycle or rollerblades. The plaintiff attempted to use the ramp, changed his mind at the last instant and swerved into a curb built by defendant Karl Smith, a building inspector. The curb was partially hidden by the ramp and a camper in the driveway. The plaintiff's bicycle impacted with the curb causing the plaintiff to fall face first into the street. The plaintiff brought this action against the defendants based on negligence and premises liability theories of recovery.
Settlement Discussions
The plaintiff made a C.C.P. º998 settlement demand for $18,000. The defendant made a C.C.P. º998 offer of compromise for $1,000.
Specials in Evidence
$4,292.71 $30,000 - $40,000
Injuries
The plaintiff suffered the loss of his lower front teeth which required reimplantation of the teeth, a root canal, and will require future bone grafts and implants approximately every 15 years.
Other Information
The verdict was reached approximately two years and four months after the case was filed. An arbitration was held before M. Nate Viswanathan resulting in a $50,000 award. The defendant requested a trial de novo.
Deliberation
1.5 days
Poll
10-2 (liability), 10-2 (damages)
Length
seven days
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