Robert Cook, et al. v. Jay Ferguson
Published: May 3, 1997 | Result Date: Jan. 31, 1997 | Filing Date: Jan. 1, 1900 |Case number: SFC964058 – $39,099
Judge
Court
San Francisco Superior
Attorneys
Plaintiff
John A. Fetto
(Law Offices of John A. Fetto)
Defendant
James G. Scadden
(Gordon & Rees LLP)
Experts
Plaintiff
Noah Weiss
(medical)
Dean B. Tuft
(technical)
Gary T. Moran
(technical)
Ronald Williams
(medical)
Nina M. Beattie
(medical)
Defendant
Lindsey E. Blenkhorn
(medical)
Lawrence M. Elson
(technical)
Richard N. Stuart
(technical)
Facts
On Oct. 8, 1993, plaintiffs Robert Cook, a 23-year-old, drywaller, and Douglas Patterson, a 35-year-old drywaller, were injured when their vehicle was rear-ended by a vehicle operated by the defendant on the Golden Gate Bridge in San Francisco. The plaintiffs brought this action against the defendant based on a negligence theory of recovery.
Settlement Discussions
Plaintiff Cook made a C.C.P. º998 settlement demand for $100,000, including costs. The defendant made a C.C.P. º998 offer of compromise for $5,000. Plaintiff Patterson made a C.C.P. º998 settlement demand for $18,000. The defendant made a C.C.P. º998 offer of compromise for $2,500.
Specials in Evidence
$32,865 (Cook); $3,972 (Patterson) $20,000 (Cook); $10,000 to $15,000 (Patterson)
Damages
The plaintiff claimed $280 in property damages.
Injuries
Plaintiff Cook alleged he suffered a torn anterior cruciate ligament and medial meniscus, requiring reconstructive surgery. Plaintiff Cook also claimed soft-tissue neck and back injuries. Plaintiff Patterson alleged he suffered soft-tissue neck and back injuries.
Other Information
The verdict was reached approximately two years and four months after the case was filed. An arbitration was held on Feb. 12, 1996 resulting in an award of $100,000 plus costs. The defendant requested a trial de novo. The plaintiff's motion for new trial was granted. Judge Pollack ordered an additur of $31,000, or in the alternative, a new trial. The defendant did not to accept the additur. The case, therefore, will be reassigned for re-trial as to plaintiff Cook only. Defense expert Dr. Richard Stuart testified that the forces of impact were "less than a ride at Disneyland."
Deliberation
6 hours (one and one-half days)
Poll
12-0
Length
6 days
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