Mary Jones v. State of California
Published: Apr. 23, 1994 | Result Date: Jan. 13, 1994 | Filing Date: Jan. 1, 1900 |Case number: CV72656 – $750,000
Judge
Court
San Luis Obispo Superior
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Dean B. Tuft
(technical)
Pacifico Montano
(technical)
Thomas G. Schultz
(technical)
Jerald H. Udinsky
(technical)
Defendant
John J. Duffy
(Swanson, Martin and Bell LLP)
(technical)
Thomas A. Boster
(technical)
Grant Kell
(technical)
Facts
On February 10, 1992, a big rig driven by William Jones, a 46-year-old truck driver, collided with a large boulder on state Route 46, San Luis Obispo County. The boulder had rolled onto the highway from an adjacent cut during a violent rainstorm. The collision occurred just after dark. As a result of the collision, the big rig went out of control, jackknifed, and overturned, causing Mr. Jones to sustain fatal injuries. Plaintiffs were the decedent's wife and minor son.
Settlement Discussions
Plaintiffs contend their demand was a 998 in the amount of $575,000 and Defendants made no offers.
Specials in Evidence
$275-375,000
Damages
The decedent was a self-employed trucker who had gone bankrupt in 1990 and who had started to work for others in 1991; he had earned over $25,000 in 2 of the 8 years prior to his death. Plaintiffs' attorney asked the jury to award $750,000; Defendant's attorney asked the jury to award zero dollars based on no liability.
Injuries
Death of spouse, father.
Other Information
Motion for a reduction of the verdict pursuant to Government Code Section 985 to take into account Workers compensation benefits paid to the Plaintiffs was denied on March 15, 1994.
Deliberation
2 days
Poll
12-0 dangerous condition, 12-0 proximate cause, 12-0 consequence of dangerous condition, 9-3 creation of dangerous condition, 9-3 no reasonableness defense, 11-1 comparative negligence, 10-2 damages
Length
2 weeks
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