Gioachino Andreozzi v. James Spirlong, Penhall Co.
Published: May 18, 2004 | Result Date: Sep. 4, 2003 | Filing Date: Jan. 1, 1900 |Case number: SC073871 Verdict – $7,600
Judge
Court
L.A. Superior Santa Monica
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Jack Moshein
(medical)
Defendant
Lawrence Borelli
(medical)
Facts
On Sep. 17, 2001, a vehicle collision occurred on Wilshire Boulevard, close to the intersection with Carson Street. The plaintiff, 64, pulled into a coned-off construction area and he was struck by a trailer that was backing up within the area. The plaintiff was in the course of driving his daughter to work. He claimed that he was traveling on Carson Street and made a right turn onto Wilshire Boulevard. He contended that while making the right turn, he had to turn into the middle lane of Wilshire since there was a dump truck parked along the curb of Carson. The front of the truck protruded into the intersection of Wilshire and Carson. He subsequently turned into a construction zone, which was demarcated by cones and posted signs indicating a tow-away zone due to construction activity. The plaintiff remained in the area while his daughter exited the car and said goodbye to her niece who was in a car seat. His car was struck by a small Bobcat tractor, which was backing up within the coned-off area of the construction zone. The Bobcat tractor was driven by the defendant James R. Spirlong, who was working in the course and scope of his employment with the co-defendant Penhall Co.
Settlement Discussions
The plaintiff demanded $150,000; the defense offered $5,000.
Specials in Evidence
$16,000
Injuries
The plaintiff claimed to have suffered a lower back injury which required a lumbar laminectomy and fusion.
Result
The jury found 50 percent comparative fault which reduced the award to $3,800 net.
Other Information
The defense motion to tax costs was granted in part.
Deliberation
1.25 days
Poll
12-0 (liability), 10-2 (damages)
Length
four days
For reprint rights or to order a copy of your photo:
Email
jeremy@reprintpros.com
for prices.
Direct dial: 949-702-5390