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
Court
Sonoma Superior
Attorneys
Plaintiff
Rachael R.J. Erickson
(Cochran Erickson PC)
Defendant
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.
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