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Personal Injury (Vehicular)
Truck v. Auto
Rear End Collision

Henry Stanny v. Glesby Building Materials, Inc.; Nanrik Trucking, Inc.

Published: Aug. 3, 1996 | Result Date: Apr. 8, 1996 | Filing Date: Jan. 1, 1900 |

Case number: BC045954 –  $586,870

Judge

Florence Miller

Court

L.A. Superior Central


Attorneys

Plaintiff

Ralph D. Slater


Defendant

John D. Barrett Jr.


Experts

Plaintiff

Peter M.W. Dill
(technical)

Bert Enserink
(technical)

Edwin C. Amos M.D.
(medical)

Behrouz Dardashti
(medical)

Charles J. Furst Ph.D., ABCN
(medical)

Defendant

John I. Beck
(medical)

Chadwick E. Smith
(medical)

Facts

On March 25, 1991, plaintiff Henry Stanny, a 39-year-old movie theater projectionist, was operating his vehicle northbound in the number five lane on the Golden State Freeway. A truck operated by an employee of defendant Glesby Building Materials, and owned by defendant Nanrik Trucking Inc., rear ended the plaintiff's vehicle. The defendants' truck was changing lanes from the northbound number four to the number five lane when the accident occurred. The plaintiff's vehicle spun across the freeway and came to rest in the number one lane of traffic. The plaintiff brought this action against the defendants, Glesby Building Materials, Inc. - the employer, and Nanrick Trucking Inc. - the vehicle owner, based on negligence and respondeat superior theories of recovery.

Settlement Discussions

The plaintiff made a C.C.P. º998 settlement demand for $31,999 increased to $1 million during trial. The defendants made an initial C.C.P. º998 offer of compromise for $14,000, increased to a settlement offer of $26,000. Prior to trial, the defendants made a settlement offer of $29,220 (the arbitration award).

Specials in Evidence

$23,916 $1,000 (10 days of missed work) unspecified for inability to become a film director.

Injuries

The plaintiff alleged that he sustained a soft tissue sprain to his neck and back and post-concussional syndrome requiring 57 physcial therapy visits over a six month period with 19 hypnotherapy visits due to his back pain and 24 visits with a speech therapist for memory therapy. The plaintiff also alleged that he sustained low back pain and memory and concentration difficulties as a result of the accident. The defendants disputed this claim.

Other Information

The verdict was reached approximately four years after the case was filed. An arbitration was held in January 1993, before M. ZucKer resulting in an award of $29,220 in favor of the plaintiff. Both parties requested a trial de novo.

Deliberation

3 days

Poll

10-2 (non-economic damages); 12-0 (economic damages)

Length

11 days


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