Elizabeth Clemmons v. Kate DelCastillo, Enterprise Rent-A-Car, et al.
Published: Oct. 14, 2000 | Result Date: Sep. 22, 2000 | Filing Date: Jan. 1, 1900 |Case number: BC197974 Verdict – $2,900,000
Judge
Court
L.A. Superior Central
Attorneys
Plaintiff
Jerome L. Ringler
(Ringler Law Corporation)
Defendant
Kurt U. Boyd
(Law Office of Kurt U. Boyd)
Experts
Plaintiff
Marc J. Friedman
(medical)
Thomas F. Fugger Jr., P.E.
(technical)
Paul Satz
(medical)
Karen Kay
(medical)
Peter Formuzis Ph.D.
(technical)
Defendant
Ronald E. Saul
(medical)
Stewart L. Shanfield
(medical)
Facts
On Oct. 24, 1997, the plaintiff, age 22, was walking across Melrose Ave. at the intersection of Spaulding Ave. when she was struck in the crosswalk by defendant Kate DelCastillo, who was driving a vehicle rented from Enterprise Rent-A-Car. The plaintiff claimed she was walking northbound with a green light for her direction of travel. The defendant driver claimed that plaintiff stepped off the curb in front of her while she was proceeding eastbound on a green light for her direction of travel. The liability of Enterprise Rent-A-Car was that owner, pursuant to Vehicle Code Section 17150. When Kate DelCastillo rented the vehicle from Enterprise, she took out $1 million in insurance coverage under the rental contract with Enterprise.
Settlement Discussions
The plaintiff made C.C.P. Section 998 demand for $1 million as to both defendants jointly. The defendants offered $650,000.
Specials in Evidence
$130,000 $1 million
Injuries
The plaintiff suffered a tear of her posterior cruciate ligament and her medial collateral ligament in her left knee requiring arthroscopic surgery. She also suffered a closed head injury with resultant post-concussive syndrome.
Other Information
The jury rendered a general verdict in the sum of $2.9 million without special findings as to comparative negligence, if any, on the part of the plaintiff and without any special findings distinguishing between economic and non-economic damages.
Deliberation
three days
Poll
10-2
Length
two weeks
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