Jeffrey Poland v. Jack L. Myers Jr., Jack L. Myers, Sr., individually doing business as Newport Harbor Locksmith
Published: May 22, 1999 | Result Date: Mar. 17, 1999 | Filing Date: Jan. 1, 1900 |Case number: 780207 Verdict – $35,694
Judge
Court
Orange Superior
Attorneys
Plaintiff
Steven R. Kuhn
(Kuhn Mediation)
Defendant
Peter J. Gates
(Gates, Gonter,Guy, Proudfoot & Muench LLP)
Experts
Plaintiff
Jeff Tracy
(medical)
H. Thomas Ganz
(technical)
Defendant
Gerald P. Bretting
(technical)
Brian Ewald
(medical)
Facts
On Oct. 16, 1996, the plaintiff, a 46-year-old architect, was riding his bicycle southbound on Jeffrey at 15 mph in the bike lane, when he made a lane change to try and move over to the number 2 lane accross the No. 3 lane to 60 over the overpass over 405 freeway. He did not see the defendant, Jack Myers Jr., who was going 55 to 65 miles in a 65 miles per hour zone in the No. 3 lane, which went onto the northbound 405. The defendant slammed on his brakes and swerved to the left, but hit the bicycle after leaving 100 of feet of skid marks. The plaintiff brought this action against the defendants based on negligence and respondeat superior.
Settlement Discussions
The plaintiff made a C.C.P. º998 settlement demand for $100,000 which was reduced do a dismissal for waiver of costs during trial. The defendants made a C.C.P. º998 offer of compromise for $24,001 which was reduced to nothing during trial.
Specials in Evidence
$49,666.37 $50,000
Injuries
The plaintiff sustained a compression L2-3, a fractured scapula, fractured ribs, collapsed lung, road burns, depression, chrondomalicia of knee with surgery and hospitalized for five days follow up care and knee surgery with minimal residuals and no future care needed.
Other Information
The verdict was reached approximately one year and nine months after the case was filed. A mediation was held on Feb. 16, 1998 before Gilbert Lasky of USA&M. resulting in no settlement.
Deliberation
2½ hours
Poll
12-2
Length
five days
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