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Torts
Common Carrier
Wrongful Death

Estate of Martha Venegas v. Thousand Oaks Cab Co., et al.

Published: Jan. 4, 2001 | Result Date: Oct. 31, 2000 | Filing Date: Jan. 1, 1900 |

Case number: SC022765 Verdict –  $0

Judge

Barbara A. Lane

Court

Ventura Superior


Attorneys

Plaintiff

Adam M. Silverstein
(Ritter Law)

John C. Carpenter
(Carpenter & Zuckerman LLP)


Defendant

Aksana Moshaiv

Thomas C. Sanford


Experts

Plaintiff

Andres Giron
(medical)

Loren Lipsom
(medical)

Allan Keith Miller
(technical)

Defendant

Michael J. Blumenkrantz
(medical)

Harold L. Karpman
(medical)

Robert F. Kovach
(technical)

Facts

The decedent, Martha Venegas, age 74, was a passenger in a taxi cab owned by defendants Thousand Oaks Cab
Co. Inc. and Cheryl Duesterhoft and operated by defendant Neil Fadgen. As the cab was proceeding
northbound along the 101 Ventura freeway in the far right lane, a collision occurred with a Mercedes Benz
owned and operated by the settled defendant. The settled defendant was traveling in the lane second from the
right approximately 40-50 feet ahead of the taxi cab. As the settled defendant came upon a bag of landscaping
debris in his lane, he changed lanes into the right lane and collided with the taxi cab.
The impact resulted in the taxi cab going over the edge of the freeway and rolling down an embankment.
Martha Venegas suffered multiple fractures, intubation, tracheotomy, internal injuries and neurological
injuries. She died approximately three months later.

Settlement Discussions

The plaintiffs demanded $600,000 from Thousand Oaks Cab Co., reduced to $300,000. Thousand Oaks Cab Co. offered $6,000. The settled defendant settled for policy limits of $100,000. The landscaping company settled for $125,000.

Specials in Evidence

$409,000

Damages

$7,000 (funeral)

Injuries

Multiple fractures, intubation, tracheotomy, internal injuries and neurological injuries.

Deliberation

one hour

Poll

9-3

Length

2.5 weeks


#94778

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