Francisco Aceves, Francis Aceves v. That Vuong
Published: Aug. 20, 2005 | Result Date: Apr. 20, 2005 | Filing Date: Jan. 1, 1900 |Case number: 330675 Verdict – $0
Judge
Court
Stanislaus Superior
Attorneys
Plaintiff
T. Scott Tate
(Schnader Harrison Segal & Lewis LLP)
Defendant
Experts
Plaintiff
James Range
(technical)
Albert R. Gutowsky
(technical)
Gregory W. Sells
(technical)
Maria Bacay
(medical)
Stephen Rapaski
(medical)
Defendant
Peter M. Gannon
(medical)
Steven M. Hoslett
(technical)
Alan E. Brooker
(medical)
Gary L. Buffington
(technical)
Andrew M. O'Brien
(technical)
Facts
Plaintff Francisco Aceves, a 33-year-old forklift operator, agreed to assist defendant That Vuong install a satellite
dish system at Vuong's house on Feb. 20, 2002. Aceves was working in the attic of Vuong's house when he fell
10 feet through its floor.
Settlement Discussions
Francisco and Francis Aceves demanded $300,000. The defendant offered $5,001 to Francisco and $501 to Francis.
Specials in Evidence
$92,820 $669,000
Damages
The plaintiffÆs wife, Francis Aceves, made a claim for loss of consortium.
Injuries
The plaintiff claimed that he suffered bifrontal hemorrhagic contusions in the fall, as well as a hematoma, a subarachnoid hemorrhage, and a fractured right clavicle. He claimed residual mental deficits, dizziness, and right shoulder pain. His doctors opined that he could not return to work as a forklift driver because of periodic dizziness resulting from the head injury. After six months back at work, his doctor ordered him to cease working. The defendantÆs doctors claimed that Aceves could return to work as a forklift operator or in a different occupation. Both parties agreed that the plaintiff could be retrained.
Result
Defense verdict in first phase of bifurcated trial.
Deliberation
two hours
Poll
10-2
Length
four days
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