Manuel Martinez v. Randal Williams and Williams Truck Leasing
Published: Dec. 5, 1998 | Result Date: Sep. 28, 1998 | Filing Date: Jan. 1, 1900 |Case number: 5911862 – $2,885,680
Judge
Court
Fresno Superior
Attorneys
Plaintiff
Defendant
Gerald K. Carroll
(Burnham Brown)
Experts
Plaintiff
S. Shantharam
(medical)
Mark A. Whelchel
(technical)
Rick A. Sarkisian
(technical)
Krista Kaups
(medical)
Gerald D. Martin
(technical)
Marc Shalit
(medical)
John L. Riggins
(technical)
Defendant
Robert B. Post Ph.D.
(technical)
Richard N. Stuart
(technical)
Paul Kayfetz
(technical)
Donald L. Asa
(technical)
Facts
On May 22, 1997, at approximately 1 a.m., plaintiff Manuel Martinez, a 38-year-old truck driver, was traveling northbound in No. 2 lane of Interstate 5 near Coalinga, when plaintiff collided with the rear of defendant's truck. Both plaintiff and defendant were operating 18-wheel tractor trailers at the time of accident. Prior to the impact, defendant had a flat tire and had pulled onto the shoulder. Just prior to accident, defendant had pulled out onto the highway instead of utilizing an offramp or calling for help on the radio. The plaintiff brought this action against the defendant based on negligence and loss of consortium theories of recovery.
Settlement Discussions
The plaintiff made a C.C.P. º998 settlement demand for $750,000. The defendant made an offer of $50,000.
Injuries
The plaintiff suffered fractures of the tibia, fibia, femur and hip and liver avulsion. The plaintiff also suffered head trauma and was comatose and hospitalized for two months. The plaintiff suffered retrogade amnesia and could not remember the accident.
Other Information
The verdict was reached approximately one year and three months after the case was filed. EXPERT TESTIMONY: The defense had utilized expert Paul Kayfetz, J.D., to recreate the accident using exemplar trucks and scene. Kayfetz then filmed the recreation from plaintiff's point of view. The defense planned on using the film to contend that plaintiff had enough time to perceive and react to the defendant's truck and avoid the accident. The film was ruled inadmissible on plaintiff's motion in limine, based on Evidence Codes 352.
Deliberation
eight hours
Poll
11-1
Length
10 days
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