Donald Schipani, Michael O. Kelley v. Carl Joseph Stewart
Published: Apr. 23, 1994 | Result Date: Jan. 31, 1994 | Filing Date: Jan. 1, 1900 |Case number: 721728 – $612,000
Judge
Court
Santa Clara Superior
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Alfonso Oliva
(medical)
Robert Lindskog
(technical)
Frederick Becker
(medical)
Donald Garnel
(technical)
Stasha Gominak
(medical)
Eric Butler
(medical)
Defendant
Richard N. Stuart
(technical)
James R. Missett
(medical)
Daniel W. Meub
(medical)
Facts
Plaintiffs Donald Schipani, a 37-year-old manager of the Printed Circuit Division at Hewlett Packard, and Michael Kelley, a 50-year-old computer analyst, were injured in a bicycle accident involving an automobile on November 1, 1991. The incident took place on Foothill Boulevard, in Cupertino, in the County of Santa Clara. Plaintiffs were northbound in the bicycle lane when they were allegedly forced off the road by a car driven by Defendant Carl Joseph Stewart. Defendant was in the course and scope of his employment with Defendant Siemens Energy and Automation, Inc. The Defendant was attempting to enter the freeway onramp of Highway 280, as the bicyclists were entering. The car did not strike the bicycles, but allegedly forced them into the curb of the onramp. Plaintiff Schipani was thrown off his bike and struck the ground with his head. Plaintiff Kelley slipped from his bike and struck his left hand on the pavement.
Settlement Discussions
Plaintiffs contend they demanded $750,000 for Schipani and $65,000 for Kelley; and Defendant offered $75,000 to Schipani and $15,000 to Kelley.
Specials in Evidence
$9,500 (Schipani); $12,236 (Kelley) $265,000 (Schipani); $2,000 (Kelley) $2,600,000 (Schipani)
Injuries
Schipani: C6-7 and L4-5 disc injuries and nerve damage causing radiculopathies to the arms and legs resulting in lifelong, chronic pain and an inability to return to work; emotional distress requiring psychotherapy (resolved). Kelley: Torn collateral ligament and damaged volar plate of the little finger of the left hand requiring micro surgery;
Deliberation
6.5 hours
Poll
11-1
Length
14 days
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