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Personal Injury (Vehicular)
Negligence
Fallen Object

Irene Schipper v. Water Squirt; Bob Wheeler

Published: Jul. 13, 1996 | Result Date: May 1, 1996 | Filing Date: Jan. 1, 1900 |

Case number: 098106 –  $1,599

Judge

Ronald S. Steelman

Court

Orange Municipal


Attorneys

Plaintiff

Melinda Davis


Defendant

Tobin K. Ando


Experts

Plaintiff

Mark Ishimaru
(technical)

Steve Yanez
(technical)

Facts

On August 1, 1994, the plaintiff, Irene Schipper, a 35-year-old homemaker, was traveling approximately 55 mph on the 5 freeway. A commercial water truck operated by defendant Bob Wheeler and owned by his defendant employer, Water Squirt, was in an adjacent lane in front of the plaintiff. The drive shaft on the defendants' truck fell off. The plaintiff allegedly ran over the defendant's drive shaft but maintained control of her car. The drive shaft then passed under the right front tire of the plaintiff's the car and out the left back tire side causing her car to move about and cause her to sustain numerous soft tissue injuries. The plaintiff brought this action against the defendants based on negligence and respondeat superior theories of recovery.

Settlement Discussions

The plaintiff made a C.C.P. º998 settlement demand for $3,099. The defendants made a C.C.P. º998 offer of compromise for $1,599.

Specials in Evidence

$1,599 $_________ $____________ $1,500

Injuries

The plaintiff alleged that she sustained soft tissue injuries to her neck, mid-back and lower back, a scrape of her head, headaches, blurred vision and nausea as a result of the accident.

Other Information

The verdict was reached approximately one year and four months after the case was filed.

Deliberation

3 hours

Poll

9-3 (liability), 11-1 (damages)

Length

2 days


#92393

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