Michael B. Peter v. Matsuru Nishio
Published: Jul. 20, 1996 | Result Date: Jun. 3, 1996 | Filing Date: Jan. 1, 1900 |Case number: CV543092 – $133
Judge
Court
Sacramento Superior
Attorneys
Plaintiff
Defendant
James R. Donahue
(Donahue Davies LLP)
Experts
Plaintiff
Kent Patrick
(medical)
Gilbert Lang
(medical)
Defendant
Dan D. Layton
(technical)
Adam Greenspan
(medical)
Facts
On July 24, 1990, at approximately 6 p.m., plaintiff Michael B. Peter, a 42-year-old state finance officer, was driving his 1984 Honda two-door southbound on "S" Street in Sacramento. The plaintiff alleged he stopped at a red light at the intersection of 19th and "S" Street, and when he was rear ended by the 1979 Cadillac operated by the 80-year-old defendant, Matsuru Nishio. The plaintiff brought this action against the defendant based on a negligence theory of recovery.
Settlement Discussions
The plaintiff made a C.C.P. º998 settlement demand for $150,000. The defendant made a C.C.P. º998 offer of compromise for $125,000.
Specials in Evidence
$73,000 $6,600 none none
Damages
The plaintiffs' asked the jury for an award of $395,000. The defendants' attorney asked for an award of zero to $98,000 depending upon its conclusions as to causation.
Injuries
The plaintiff alleged the accident disrupted the previously performed fusion of L4-5, necessitating a refusion.
Other Information
The verdict was reached approximately four years and 10 months after the case was filed. An arbitration was held on July 20, 1995, before Judge William Gallagher resulting in an award of $202,000. The defendant moved for a trial de novo, resulting in the reported verdict. Prior to the new trial, but after the arbitration award, the parties held a mediation before Daniel Quinn, which resulted in no settlement. The plaintiff husband's doctor, one of whom performed both the fusion and the refusion, testified that the plaintiff husband was recovering uneventfully from the October 1989 fusion surgery but began to deteriorate following the accident. He also testified that the progression of the plaintiff's symptoms led to the ultimate refusion. The plaintiff's experts further testified that although the pseudarthrosis found at the refusion surgery may have existed prior to the accident, but the symptoms came on following the accident and necessitated the second surgery. The defendant's medical expert testified that although motion films were not taken until after the accident, after studying the plain films taken before and after the accident he felt that the pseudarthrosis existed before the accident. The defendant's technical expert testified to his belief that the impact was minor and equal in force to many everyday traumas to which the plaintiff was subjected.
Deliberation
1+ hours
Poll
12-0
Length
5 days
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