This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.

Personal Injury (Vehicular)
Auto v. Auto
Driving Under the Influence

Richard Weber v. Richard Henry Bertsch

Published: Mar. 9, 2002 | Result Date: Feb. 8, 2002 | Filing Date: Jan. 1, 1900 |

Case number: PC026630W Verdict –  $128,926

Judge

Howard J. Schwab

Court

L.A. Superior San Fernando


Attorneys

Plaintiff

Bill J. Thompson


Defendant

Michael P. O'Sullivan
(Law Offices of William W. Green)


Facts

On Nov. 18, 2000, the plaintiff father was returning from Magic Mountain with his minor daughter. His car was
overheating and he pulled over to the side of the freeway to allow his car to cool. He was struck by the
defendant who was driving a truck. The defendant was convicted of DUI. The plaintiff sustained injuries.

Settlement Discussions

Mediation was held but was unsuccessful.

Specials in Evidence

$30,395 $12,900

Injuries

The father suffered cervical fractures, hospitalization for one week; four months off work and residual headaches and fatigue. The daughter suffered scar on the knee, abrasions, lacerations to face and arms.

Other Information

The daughter was awarded $10,000 for noneconomic damages and $153 for economic damages. The key issue in the trial was the ownership of the plaintiffÆs vehicle to allow him to recover noneconomic damages.

Deliberation

two hours

Length

four days


#90529

For reprint rights or to order a copy of your photo:

Email jeremy@reprintpros.com for prices.
Direct dial: 949-702-5390