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Personal Injury
Auto v. Auto
Driving Under the Influence

Ronald Poirier v. Harry Frederick Hurd

Published: Dec. 19, 1998 | Result Date: Sep. 3, 1998 | Filing Date: Jan. 1, 1900 |

Case number: 96AS06813 Verdict –  $10,000

Judge

John J. Golden

Court

Sacramento Superior


Attorneys

Plaintiff

David A. Grow


Defendant

Douglas P. Winter


Experts

Plaintiff

Justin English
(medical)

Facts

On Dec. 11, 1995, plaintiff Ronald Poirier, a 36-year-old district attorney, was driving westbound on highway 50 when he was hit by defendant driver Harry Hurd, a 73-year-old retired doctor. The plaintiff claimed that the defendant driver was intoxicated and traveling between 45-50 mph when he hit the plaintiff. The plaintiff brought this action against the defendant based on negligence and intentional tort theories of recovery.

Settlement Discussions

The plaintiff made settlement demands of $35,000 and $75,000. The defendant offered of $20,000.

Specials in Evidence

$3,975 $1,220

Damages

The plaintiff claimed $400 in costs for a car rental.

Injuries

The plaintiff claimed he needed back surgery as a result of the accident. The defendant contended that there was only soft tissue damage which was resolved long ago.

Other Information

The verdict was reached approximately one year and nine months after the case was filed. An arbitration held before Larry K. Eslinger, resulted in a plaintiff award of $12,500. The plaintiff requested a trial de novo.

Deliberation

1½ hours

Poll

12-0

Length

three days


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