Laura Parks, Lourie Plaza, Maureen Gilloon, Jaime Howe, Maricela Moffitt, et al. v. The Roman Catholic Diocese of Phoenix, St. Theresa Parish, et al.
Published: Aug. 13, 2005 | Result Date: Mar. 14, 2005 | Filing Date: Jan. 1, 1900 |Case number: RIC394666 Verdict – $2,376,190
Judge
Court
Riverside Superior
Attorneys
Plaintiff
Charles S. LiMandri
(LiMandri & Jonna LLP)
Defendant
Alexander G. Calfo
(King & Spalding LLP)
James J. Yukevich
(Yukevich Cavanaugh)
Experts
Plaintiff
William Goodrich
(technical)
Vickie M. Wolfe
(technical)
William Hagerty
(technical)
Joseph Zoldos
(medical)
Ronald Walker
(technical)
Craig Metzger
(medical)
Stephen Plourd
(technical)
Rickie Ray
(technical)
Joseph A. Awad
(technical)
Defendant
Steve Arndt
(technical)
Thomas M. Dodson
(technical)
Donald Stevens
(technical)
Facts
On April 26, 2003, the plaintiffs were passengers in a 1995 Ford E350 van. The van was owned and operated by
Saint Theresa Parish and School. The driver was an employee of Saint Theresa Parish. The plaintiffs were
returning home to Phoenix after attending a religious retreat in Los Angeles. The van was traveling eastbound
on Interstate 10 in the number one lane at a high rate of speed. Suddenly, the tread separated from the left rear
Michelin tire.
The plaintiffs alleged that the driver turned to the right and hit the brakes and lost control of the van causing it to
enter into a clockwise rotating skid. The defendants, the Roman Catholic Diocese of Phoenix and St. Theresa
Parish dispute this.
The van skidded across both eastbound lanes of the freeway before sliding off the side of the road and rolling
three times. The accident severely damaged the van.
The driver of the van admitted to the California Highway Patrol that he was traveling between 80 and 85 mph at
the time of the accident. The posted speed limit was 70 mph.
Settlement Discussions
The plaintiffs settled with Ford Motor Company in December 2003 for a confidential amount. This settlement provided an offset against the verdict.
Specials in Evidence
$500,000 $4 million life care plan for the three most seriously injured plaintiffs (present value)
Damages
The plaintiffs claimed non-economic damages of $4.5 million.
Injuries
The plaintiffs sustained serious orthopedic injuries of varying degrees as a result of the accident. Three of the plaintiffs claimed mild brain injuries and one claimed post traumatic stress disorder.
Result
As against the Roman Catholic Diocese of Phoenix, $657,189 (economic damages) and $1,719,000 (non-economic damages).
Other Information
Roman Catholic Diocese of Phoenix and Saint Theresa Parish and School paid the judgment. The plaintiffs agreed not to file an appeal as to Michelin.
Deliberation
2.5 days
Poll
12-0 (liability as to Roman Catholic Diocese of Phoenix), 0-12 (liability as to Michelin North America)
Length
four weeks
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