This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.

Personal Injury
Premises Liability
Public Utilities

Cecelia Rossell v. Manjit Singh, Flexi Van Leasing Inc., Sutter Transportation Inc.

Published: Sep. 3, 2005 | Result Date: Jul. 1, 2005 | Filing Date: Jan. 1, 1900 |

Case number: 231190 Verdict –  $214,000

Judge

Raymond J. Giordano

Court

Sonoma Superior


Attorneys

Plaintiff

Rachael R.J. Erickson
(Cochran Erickson PC)

Charlie Cochran


Defendant

Jeffrey W. Lambert

Stephen J. Mackey
(Donahue Davies LLP)


Experts

Plaintiff

Edward Spencer
(medical)

Nora Ostrofe
(technical)

Herbert Brosbe
(medical)

Paul G. Pappas
(technical)

Gary Mishkin
(medical)

James Hughes
(technical)

Facts

Plaintiff Cecilia Rossell, 43, was driving on Sebastopol Road in Santa Rosa when a tractor-trailer leased by
Sutter Transportation Inc. struck a telephone pole, causing it to land on Rossell's car.
Rossell sued Sutter Transportation and the tractor-trailer's driver, Manjit Singh, for vehicular negligence and
respondeat superior. Rossell also sued Pacific Gas & Electric (PG&E) for premises liability for a dangerous
condition. PG&E was responsible for maintaining the pole. Finally, Rossell sued Flexi-Van Leasing Inc.,
which leased the tractor-trailer to Sutter. PG&E settled with Rossell for $12,000 before trial and Rossell
dropped the suit against Flexi-Van before trial.

Settlement Discussions

The plaintiff demanded $120,000 and the defendants offered $50,000.

Specials in Evidence

$7,484.32 $650,000

Damages

The plaintiff requested $1 million for past and future pain and suffering.

Injuries

The plaintiff suffered a head injury that has impaired her ability to articulate words and has caused her to suffer occasional dizziness, as well as residual headaches. An emergency room physician testified that the accident could have caused the plaintiff's injury even in the absence of a direct blow to the head. A neurologist also testified that the plaintiff suffered post-concussion syndrome manifested by impairment of recent memory.

Result

$214,000

Other Information

The jury found that Singh and Sutter were 75 percent liable and non-party PG&E was 25 percent liable.


#92225

For reprint rights or to order a copy of your photo:

Email jeremy@reprintpros.com for prices.
Direct dial: 949-702-5390