Winsome Ingham v. San Diego Trolley Company
Published: Mar. 23, 2002 | Result Date: Nov. 12, 2001 | Filing Date: Jan. 1, 1900 |Case number: GIC741565 Verdict – $102,776
Judge
Court
San Diego Superior
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Ronald P. Carr
(technical)
Robert D. Tonks
(medical)
Andrew James
(technical)
Defendant
Raymond M. Vance M.D.
(medical)
Peter Tereschuk
(technical)
Eugene Vanderpol II
(technical)
Facts
The plaintiff, a 76-year-old English tourist visiting San Diego, sustained a comminuted, displaced fracture of the
tibial plateau of her left knee when she was a passenger on board the San Diego electric trolley. The plaintiff
had just entered the trolley car at Old Town Station when it started suddenly, with a jerk that threw her off her
feet and against the metal corner of a seat.
Settlement Discussions
The defendant made a C.C.P. Section 998 offer of a waiver of costs on March 6, 2001. The plaintiff made a C.C.P. Section 998 demand of $124,999 on March 12, 2001.
Specials in Evidence
$27,776 (including home assistance)
Injuries
Comminuted, depressed fracture of tibial plateau with left knee necessitating six months in a cast and a (disputed) need for future knee replacement surgery.
Other Information
This was a unique case involving a foreign plaintiff tried within four weeks of Sep. 11. The court refused to allow in future medical costs from the United Kingdom. The verdict was reached approximately one year and 10 months after the case was filed. As a result of post-trial motions to tax costs and to reduce the verdict for collateral sources, the court entered final judgment for $105,869.
Deliberation
one day
Length
nine days
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