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Personal Injury (Vehicular)
Truck Accident
Wrongful Death

Gillian Botha, et al. v. Mustafa Yaman, et al.

Published: Apr. 23, 1994 | Result Date: Mar. 14, 1994 | Filing Date: Jan. 1, 1900 |

Case number: 677945 –  $1,587,500

Judge

Robert J. Polis

Court

Orange Superior


Attorneys

Plaintiff

Darren O'Leary Aitken

Wylie A. Aitken
(Aitken Aitken Cohn)


Defendant

James P. Zurawski
(M&Y Personal Injury Lawyers)

John C. Barber
(Barber & Bauermeister)


Experts

Plaintiff

Anthony C. Stein Ph.D.
(technical)

Wayne H. Lancaster
(technical)

Frank Douglas Martineau
(technical)

Leonard Horn
(technical)

Defendant

James L. Harris
(technical)

Stanley H. Meyers
(technical)

T. Page Eskridge
(technical)

Facts

On July 24, 1991, Warren Botha, a 52-year-old mechanical engineer, was on his way to work and traveling on the 57 Freeway during the early morning hours (approximately 30 minutes before sunrise), in the number 3 lane. He collided with Defendant Mustafa Yaman's tractor/trailer rig, which had two trailers and was owned by Defendant B&P Bulk. Shortly thereafter, a second truck owned by Consley & Montigney Company collided into the back of Mr. Botha, crushing his vehicle against the rear trailer for a second time. Mr. Botha died as a result of the injuries he received in these incidents. Plaintiffs were the decedent's wife and 3 children.

Settlement Discussions

Plaintiffs contend Defendants Yaman and B&P Bulk made a joint offer of $550,000. Defendants Yaman and B&P Bulk contend that Plaintiffs made a demand to them of $1,200,000.

Specials in Evidence

$787,505

Damages

At the time of death, the decedent was earning $78,000 per year. Plaintiffs asked the jury to award $4,000,000.

Injuries

Death of husband, father.

Other Information

Shortly before trial, Defendant Consley & Montigney Company and their driver Jack Poteet settled with Plaintiffs for $350,000.

Deliberation

2 days

Poll

10-2

Length

21 days


#90306

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