Eugene O'Dell v. County Sanitation District of Los Angeles, William Dabney
Published: Jan. 9, 1999 | Result Date: Dec. 16, 1998 | Filing Date: Jan. 1, 1900 |Case number: NC020285 Verdict – $320,000
Judge
Court
L.A. Superior Long Beach
Attorneys
Plaintiff
Scott E. Mann
(Mann & Elias)
Defendant
Robert J. Rossi
(Homan & Stone)
Experts
Plaintiff
Joseph Page
(medical)
Defendant
Edward A. Abraham M.D.
(medical)
G. Thomas Ganz
(technical)
Facts
On May 9, 1996, plaintiff Eugene O'Dell, a 58-year-old unemployed male, was walking on Pacific Coast Highway (PCH) in a crosswalk that crosses the Highway 710 North onramp. Defendant William Dabney was an employee of the County Sanitation District and was driving a county truck as he approached from the opposite direction on PCH with the intent to enter the 710 North onramp. The plaintiff was hit in the middle of the crosswalk. The plaintiff brought this action against the defendants based on negligence.
Settlement Discussions
The plaintiff made a C.C.P. º998 settlement demand for $205,000. The defendants made a C.C.P. º998 offer of compromise for $140,000.
Specials in Evidence
$70,000 (stipulated)
Injuries
The plaintiff suffered severe injuries to his right side including a broken hip, broken knee and broken fibula. He also has permanent sciatic nerve injury and foot drop.
Other Information
The verdict was reached approximately two years and one month after the case was filed. An arbitration held on Nov. 12, 1997, before Robert Einstein resulted in a plaintiff award of $102,150. The plaintiff requested a trial de novo. This case was originally tried to a jury in May 1998. The result was a 7-5 (defense) hung jury. Both sides waived jury for this retrial.
Length
two days (Bench Trial)
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