Greg McCullough and Kristen McCullough v. Marcia Harlacher
Published: Jul. 11, 1998 | Result Date: Apr. 10, 1998 | Filing Date: Jan. 1, 1900 |Case number: 708515 Verdict – $24,722
Judge
Court
San Diego Superior
Attorneys
Plaintiff
Defendant
Douglas H. Swope
(Law Office of Douglas H. Swope APC)
Experts
Plaintiff
Mariusz Ziejewski
(technical)
Theodore J. Becker
(technical)
Louanne M. Lisk
(medical)
Henry M. Alba
(medical)
Anthony Gamboa
(technical)
Defendant
Leah Levi
(medical)
Raymond M. Vance M.D.
(medical)
Michael G. Willoughby
(technical)
Ronald M. Kobayashi
(medical)
Thomas J. Wegman
(medical)
Facts
On June 14, 1996, plaintiffs Greg and Kristen McCullough's (ages 26 and 24, respectively), vehicle abruptly came to a stop due to congested traffic on the northbound Interstate 15 near the Pomerado Road overcrossing. Defendant Marcia Harlacher was directly behind the plaintiffs' Ford Explorer and was in the process of negotiating a lane change when the accident occured. While beginning the lane change to the left, the defendant noticed the plaintiffs' vehicle stopped in front of her. She was unable to avoid impacting the left rear corner of the plaintiffs' Ford Explorer. Upon impact, the plaintiffs' vehicle accelerated forward and to the right, and went up an embankment along the freeway. It stalled at the top of the embankment, slid and then made a 3/4 revolution, ending up on the passenger side with the wheels facing the freeway. Plaintiff wife had to be removed from the vehicle by paramedics. Plaintiff husband was able to leave the vehicle with some assistance. The plaintiffs brought this action against the defendant based on negligence.
Settlement Discussions
Each plaintiff made a policy limit demand of $100,000 increased to $2.2 million. The defendant made a C.C.P. º998 offer of compromise for $40,001 to plaintiff husband and $10,001 to plaintiff wife.
Specials in Evidence
$14,326.18 (plaintiff husband), $1,648.65 (plaintiff wife) $1.6 million $417,000 (plantiff husband)
Injuries
Plaintiff husband claimed that he received a traumatic brain injury and soft tissue injuries as a result of the whip lash mechanism involved in this accident. He also claimed soft tissue neck and back injuries. Plaintiff wife complained of soft tissue injuries and also sought recovery for loss of consortium. The plaintiffs presented numeours witnesses from their church as well as clients of the plaintiffs' computer business to demonstrate plaintiff husband's cognitive and personality changes. Such witnesses were presented to demonstrate changes in him by showing the jury what he was like before the accident versus how he now is after the accident.
Other Information
Defense counsel has submitted a cost bill in the amount of $51,547.50. The plaintiffs have filed a motion for a new trial.
Deliberation
2½ days
Poll
12-0 (economic), 11-1 (non-economic plaintiff husband), 10-2 (paintiff wife)
Length
2½ days
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