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Personal Injury (Vehicular)
Automobile Accident
Dangerous Condition

Tina Dyrland v. Nicholas Martino, et al.

Published: Jul. 2, 1994 | Result Date: May 23, 1994 | Filing Date: Jan. 1, 1900 |

Case number: 290531 –  $9,747

Judge

Hugh Ross III

Court

Stanislaus Superior


Attorneys

Plaintiff

Steger Johnson


Defendant

Dale H. Thayer


Experts

Plaintiff

Michael Temnyk
(medical)

Robert G. Liptai
(technical)

Defendant

Mark Goldberg
(medical)

Facts

On April 24, 1992, Defendant Nick Martino missed his turn on a rural county road, stopped, and made a 3-point turn. In doing so, he backed his vehicle onto the shoulder and into the mud; his vehicle was stuck at a 90-degree angle to the road blocking 70 percent of the southbound lane. It was approximately 11:00 p.m. in a rather rural area. Defendant Stanislaus County employee driving a county truck stopped to help; he parked the truck facing northbound on the opposite shoulder with its headlights on and with a revolving yellow beacon activated on the top. Plaintiff Tina Dyrland, a 20-year-old student, was driving southbound. She struck Defendant Martino's vehicle. The extent of Plaintiff's injuries was disputed.

Settlement Discussions

Defendant contends Defendant Martino offered $5,000. Demands were not disclosed.

Specials in Evidence

$5,705

Injuries

Fractured sternum requiring ______ ; right collapsed lung requiring surgical reinflation resulting in a small surgical scar above Plaintiff's right breast; fractured shoulder requiring physical therapy and possible future surgery; contusions of the right shoulder and knee.

Deliberation

1 hour

Poll

12-0

Length

6 days


#93563

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