Helen Ngo v. Martha Swihart, Tom Sharp & Son Unocal Inc., Tosco Corporation, et al.
Published: Dec. 9, 2000 | Result Date: Aug. 28, 2000 | Filing Date: Jan. 1, 1900 |Case number: 800354 Bench Verdict – $0
Judge
Court
Orange Superior
Attorneys
Plaintiff
Jonathan W. Evans
(Jonathan W. Evans & Associates)
Experts
Plaintiff
Eleonora Spokoyny
(medical)
Stephen Shelton
(technical)
Michael Gordon
(medical)
Defendant
William L. Hockenberry
(technical)
Facts
On Oct. 27, 1997, the 82-year-old defendant, Martha Swihart, had filled her automobile with gasoline at a Union
76 station, of which Tosco Corporation was the lessor and Tom Sharp & Son Unocal, Inc. was the lessee.
Upon pulling away from the gas island, SwihartÆs foot slipped off the brake and onto the gas pedal. Her
automobile then hit an adjacent liquor store building owned by cross-defendants Ron E. Presta and Edward
Vincent.
The impact allegedly caused liquor bottles to fall on 65-year-old plaintiff Helen Ngo, a tenant of the liquor
store.
Settlement Discussions
The plaintiff settled with defendant Martha Swihart for policy limits of $100,000. The plaintiff made a C.C.P. Section 998 offer to compromise to defendants Tom Sharp & Son Unocal, Inc. and Tosco Corporation in the amount of $199,000 each. Sharp and Tosco offered $5,000 to plaintiff.
Damages
The plaintiff claimed property damage in the amount of $22,911, medical specials of over $78,000 and loss of earnings of $42,500.
Injuries
The plaintiffÆs claimed injuries included pain to her neck, back, knees, hip and shoulder. The plaintiff underwent various procedures, including lumbar laminectomy and diskectomy at L4-5, arthroscopic surgery for torn medial meniscus and anterior cruciate ligaments of both knees, and anterior cervical diskectomy and fusion at C4-5 and C5-6.
Other Information
<P>Motion for summary judgment of Tom Sharp & Son Unocal Inc. and Tosco Corporation was granted. Sharp and Tosco dismissed their cross-complaint against Vincent and Presta for a waiver of costs before Vincent and PrestaÆs motion for summary judgment was heard.</P>
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