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Personal Injury (Vehicular)
Auto v. Pedestrian
Negligence

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

Reginald A. Dunn

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


#93276

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