Kristine Truly v. Bradley Hermanns
Published: Oct. 2, 1999 | Result Date: Apr. 19, 1999 | Filing Date: Jan. 1, 1900 |Case number: 719416 Verdict – $0
Judge
Court
San Diego Superior
Attorneys
Plaintiff
Walter E. Menck
(Miltner & Menck APC)
Defendant
John E. Petze
(McDougal, Boehmer, Foley, Lyon, Mitchell & Erickson)
Experts
Plaintiff
James S. Sarkisian
(medical)
Defendant
Richard Greenfield M.D.
(medical)
David A. Casteel
(technical)
Facts
On Nov. 13, 1997, plaintiff Kristine Truly, a 16-year-old student who worked as a telemarketer, was a passenger in an automobile owned and operated by defendant Bradley Hermanns, who made a left turn at a signal-controlled intersection. The collision occurred when an uninsured motorist approached the intersection from the opposite direction and entered the intersection at the same time. The plaintiff brought this action against the defendant and the defendant's insurer based on negligence and negligence per se theories of recovery.
Settlement Discussions
The plaintiff made a settlement demand for $41,908 for the both claims. The defendant made a settlement offer for $25,000 "new money" (in addition to $5,000 in medical benefits already paid), after the arbitration, the plaintiff made a C.C.P. º998 settlement demand for $26,000 for the action against the defendant. The defendant made a C.C.P. º998 offer of compromise for $5,000.01.
Specials in Evidence
$15,577 $1,360 $27,000
Injuries
The plaintiff claimed she suffered a spinal injury, including a bulging disk at C6-7 and nerve injury at C5, with radiating numbness and weakness in her right arm. The plaintiff also claimed it was reasonably probable that she would develop a herniated disk at C6-7 and require future surgery, and that all of her injuries and permanent disability were caused by the accident.
Other Information
The verdict was reached approximately one year after the case was filed. An arbitration was held on Dec. 14 and 18, 1998, before Charles R. Grebing, of Wingert, Grebing, Brubaker & Ryan, resulting in a binding award of $27,063 (gross) against the defendantÆs insurer on the uninsured motorist claim, and a non-binding award of $1,436.74 (gross) against the defendant, with a finding apportioning 90 percent liability to the uninsured motorist and 10 percent liability to the defendant. The plaintiff moved to confirm the binding uninsured motorist award and requested a trial de novo on the action against the defendant.
Deliberation
20 minutes
Poll
11-1
Length
five days
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