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Personal Injury (Vehicular)
Automobile Accident
Construction Site

Merle Ingersoll v. A. Teichert & Sons, Inc.

Published: Mar. 2, 1996 | Result Date: Dec. 12, 1995 | Filing Date: Jan. 1, 1900 |

Case number: 272472 –  $0

Judge

K. Peter Saiers

Court

San Joaquin Superior


Attorneys

Plaintiff

Daniel P. Mast


Defendant

Stephen A. Mason


Experts

Plaintiff

Thomas Kaschak
(medical)

Defendant

Lawrence M. Elson
(technical)

Facts

On October 5, 1993, the plaintiff, Merle Ingersoll, a 32-year-old truck driver, was working on a construction project. The defendant, A. Teichert & Sons, Inc., was on the site as a contractor. The defendant's employee, operating a motor grader, rear ended the plaintiff. The plaintiff brought this action against the defendant based on a negligence theory of recovery.

Settlement Discussions

The plaintiff made no settlement demand. The defendant made no offer of compromise.

Specials in Evidence

$30,673 $18,638

Injuries

The plaintiff alleged that he sustained neck strain, low back strain and right shoulder impingement syndrome requiring arthroscopic acromioplasty as a result of the accident.

Other Information

The verdict was reached approximately one year and eight months after the case was filed. An arbitration was held on June 12, 1995, before Lawrence Briscoe resulting in an award for defendant. The plaintiff rejected the award. The defendant refused to waive costs in exchange for a dismissal of the claim at the settlement conference. The defendant won a judgment against the plaintiff for costs of $8,132.

Deliberation

55 minutes

Poll

not taken

Length

6 days


#91998

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