Kathy Kennedy and Russell Kennedy v. Redlands Unified School District and Anne Jackson
Published: Feb. 13, 1999 | Result Date: Nov. 30, 1998 | Filing Date: Jan. 1, 1900 |Case number: SCV28294 Verdict – $0
Judge
Court
San Bernardino Superior
Attorneys
Plaintiff
John C. Taylor
(Taylor & Ring LLP)
Defendant
Douglas D. Cullins
(Cullins & Grandy LLP)
Dennis G. Popka
(Orrock, Popka, Tucker & Dolen)
Experts
Plaintiff
Lester M. Zackler M.D.
(medical)
Fred H. Cady
(technical)
Defendant
Arnold W. Siegel
(technical)
Melvin Schwartz
(medical)
Facts
On Sept. 12, 1995, despite being told by the bus driver not to cross the street, the decedent attempted to cross the road. He had missed his regular school bus, which had a stop in front of his house. He was struck and killed by the defendant Anne Jackson, who was traveling approximately 37 mph in a 50 mph zone. The defendant Jackson is an employee at the school which decedent attended. The plaintiffs, the decedent's parents, were divorced before the accident and brought their own separate lawsuits which were consolidated. The plaintiffs brought this action against the defendants based on negligence.
Settlement Discussions
The plaintiffs made a C.C.P. º998 settlement demand for $2.2 million. The plaintiffs requested $10 million during closing argument. Defendant Jackson offered $30,000 per C.C.P. º998 before trial. Defendant school district offered $25,000 before trial.
Specials in Evidence
$11,902 (includes funeral expenses) $33,000 (for Kathey Kennedy)
Injuries
The death of a 10-year-old boy. Plaintiff Kathy Kennedy witnessed the accident and suffered emotional distress as well as post-traumatic stress syndrome. Both plaintiffs sought psychological counseling.
Other Information
The verdict was reached approximately two years and four months after the case was filed. A settlement conference was held on Oct. 31, 1998 before Judge Carl Davis, the trial judge, resulting in no settlement.
Deliberation
three hours
Poll
11-1 (as to defendant Jackson), 12-0 (as to Redlands School District)
Length
13 days
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