Catherine Butler and Kevin Butler v. Ernesto D. Pingol and Rasnir Gilera Garcia
Published: Jul. 11, 1998 | Result Date: Feb. 18, 1998 | Filing Date: Jan. 1, 1900 |Case number: 398228 Verdict – $0
Judge
Court
San Mateo Superior
Attorneys
Plaintiff
Defendant
David M. McLaughlin
(Ropers, Majeski, Kohn & Bentley)
Experts
Plaintiff
Edward M. Katz
(medical)
Defendant
John O. Missirian
(medical)
Facts
On Sept. 4, 1996, plaintiff Catherine Butler, a 43-year-old tanning salon owner, was driving her vehicle on the Hayward/San Mateo Bridge on Highway 92 when it stalled. Defendant driver Rasnir Garcia, operating defendant Ernesto Pingol's vehicle, with defendant Pingol as a passenger, rear-ended the plaintiff's vehicle while traveling 75 mph, pushing in into the bridge wall. The plaintiffs, the injured woman and her husband, brought this action against the defendants based on negligence and loss of consortium theories of recovery.
Settlement Discussions
Per plaintiffs, they made a C.C.P. º998 settlement demand for $10,000, reduced to $7,000 during trial. Defendant Pingol made a C.C.P. º998 offer of compromise for $4,500. Per defendants, the plaintiffs demanded $18,500 as to each defendant but only defendant Garcia accepted.
Specials in Evidence
$5,000 $20,000 (per defendant) $__________ $3,000 (per defendant)
Injuries
The plaintiff alleged neck and back strain.
Other Information
The verdict was reached approximately 1-1/2 years after the case was filed. An arbitration was held in 1997, before James Sevey, resulting in an award of $41,000. The defendants requested a trial de novo.
Deliberation
three hours (per plaintiff), 40 minutes (per defendant)
Poll
11-1
Length
approximately five days
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