Benny Villalpando v. Conway Transportation, Inc.
Published: Dec. 5, 1998 | Result Date: Oct. 23, 1998 | Filing Date: Jan. 1, 1900 |Case number: 233630RA – $20,000
Judge
Court
Kern Superior
Attorneys
Plaintiff
Ronald A. Martinetti
(Bazan Huerta & Associates)
Ronald A. Martinetti
(Bazan Huerta & Associates)
Defendant
Patrick J. Osborn
(Clifford & Brown)
Patrick J. Osborn
(Clifford & Brown)
Experts
Plaintiff
Russell W. Nelson M.D.
(medical)
Russell W. Nelson M.D.
(medical)
Defendant
Michael C. Tivnon
(medical)
Michael C. Tivnon
(medical)
Facts
On May 1, 1996, the plaintiff, a 47-year-old truck driver, was rear-ended on Interstate 5 near Bakersfield by a tractor trailer driven by defendant during the course and scope of his employment. The defendant admitted that he fell asleep. The plaintiff brought this action against the defendant driver and his employer based on a negligence theory of recovery.
Settlement Discussions
The defendant made a C.C.P. º998 offer of compromise for $15,000. The defendant also offered $25,000 to $30,000 at trial, if plaintiff would waive any future workers' compensation benefits including rehabilitation.
Specials in Evidence
$21,000 (per the plaintiff) $70,000 (per the defendant); $32,000 + workers' compensation lien (per the defendant) $27,000
Injuries
The plaintff claimed back and neck sprain, elbow contusions, and knee (right) contusion - aggravating a pre-existing chronic chondromalacia patella.
Other Information
The verdict was reached approximately 1+ years after the case was filed. A settlement conference was held on July 15, 1998, before retired judge Gerald K. Davis, resulting in $15,000.
Deliberation
three hours
Poll
9-3
Length
four days
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