Ashley Rodriguez v. Arrow Trucking Co.
Published: Dec. 5, 1998 | Result Date: Sep. 4, 1998 | Filing Date: Jan. 1, 1900 |Case number: BC148524 – $5,000,000
Judge
Court
L.A. Superior Central
Attorneys
Plaintiff
Stanley K. Jacobs
(Jacobs & Jacobs LLP)
Stanley K. Jacobs
(Jacobs & Jacobs LLP)
Defendant
Facts
On March 8, 1996, decedent Ashley Rodriguez, and plaintiff Leticia Horta, both 9-year-old girls, were passengers in the rear seat of vehicle operated by Leticia's mother. Upon entering a curve at an excessive speed, the driver of the tractor trailer lost control of the rig, crossed into oncoming traffic and overturned on to the vehicle. Ashley Rodriguez was killed and Leticia Horta severely injured. The plaintiffs, the father of the decedent, and the injured girl, brought this action against the defendant based on negligence. The defendant admitted liability.
Settlement Discussions
The plaintiffs demanded $650,000 (injured plaintiff) and $1,250,000 (death case C.C.P. º998). The defendant offered $450,000 (injured plaintiff) and $675,000 (death case). The plaintiffs asked jury during argument $1,110,000 (injured plaintiff) and $3-5 million (death). The defendant asked jury during argument $65,000 (injured plaintiff) and $200,000-$400,000 (death).
Specials in Evidence
$70,000 (injured plaintiff) $40,000 (injured plaintiff)
Injuries
Death of a 9-year-old daughter. Plaintiff father, age 35 at the time of accident, was a single parent raising decedent Ashley and her sister, (age 8) and brother (age 5). In the injury case, the plaintiff (injured 9-year-old) suffered a closed head injury, left frontal and temporal epidural hematomas, multiple skull fractures, head lacerations, contusions and abrasions, pain and suffering. She underwent a craniotomy for evacuation of hematomas and internal fixation of skull fractures and a subsequent surgery to remove hardware. She suffers post-traumatic stress syndrome and has problems with comprehension and concentration.
Other Information
The verdict was reached approximately two years and four months after the case was filed. A settlement conference was held on April 13, 1998, before Judge Robert Roberson of L.A. Superior Court, resulting in no settlement. The defendant settled with divorced mother of decedent child for $50,000 before trial. Defendant's motions for new trial denied on both cases.
Deliberation
three hours
Poll
12-0
Length
nine days
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