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Personal Injury (Vehicular)
Automobile Accident
Rear-End Collision

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

Stuart R. Pollak

Court

San Francisco Superior


Attorneys

Plaintiff

John A. Fetto
(Law Offices of John A. Fetto)

Daniel A. Grout


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


#95155

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