Giuseppe Casalenuovo, Viviana Casalenuovo, Maria-Andrea Casalenuovo, a minor, Luciano Casalenuovo, a minor v. Leland Ninemire, Marriott Intl. Inc., Penske Truck Leasing Co.
Published: Oct. 23, 1999 | Result Date: Jun. 23, 1999 | Filing Date: Jan. 1, 1900 |Case number: 794651 Verdict – $0
Judge
Court
Orange Superior
Attorneys
Plaintiff
Defendant
Thomas G. Wianecki
(Wesierski & Zurek LLP)
Experts
Plaintiff
Janine Angelotti
(medical)
Bradley Pratley
(medical)
John Lamont
(medical)
Defendant
John Vostmeyer
(medical)
Facts
On the morning of June 9, 1997, plaintiffs Giuseppe Casalenuovo, a 54-year-old hairstylist and his wife Viviana, age 43, were traveling in their 1987 Dodge Caravan with their minor children, aged 4 and 2. As they travelled in the No. 4 northbound lane of Interstate 5 near Oceanside, the plaintiffs' vehicle was rear-ended by an unloaded tractor-trailer driven by defendant Leland Ninemire, an employee of defendant Marriott International Inc. The impact pushed the plaintiffs' vehicle to the right. The truck was owned by defendant Penske Truck Leasing and leased to Marriott. At the time of the accident, Ninemire was returning to the Orange County Distribution Center after making deliveries to various hotels in San Diego. The plaintiffs brought this action against Ninemire, Marriott International Inc. and Penske Truck Leasing based on negligence and respondeat superior theories of recovery.
Settlement Discussions
The plaintiffs made a settlement demand for $250,000 before trial. The defendants made no settlement offers.
Specials in Evidence
$8,899.86 (Viviana); $8,307.75 (Giuseppe); $3,991 (Luciano); $3,991 (Maria-Andrea) $20,000 (Giuseppe) $20,000 (Giuseppe, for surgery)
Damages
The plaintiff sought $45,190 in economic damages and $260,000 in non-economic damages.
Injuries
Plaintiff Giuseppe Casalenuovo claimed he sustained soft-tissue injuries to his neck and back, bilateral shoulder injury requiring future surgery, and closed head injuries resulting in loss of memory and confusion. Plaintiff Viviana Casalenuovo claimed she sustained soft-tissue injuries to her neck and back. The minor plaintiffs claimed they sustained injuries resulting in hyperactivity, insomnia and anorexia.
Other Information
The verdict was reached approximately 13 months after the case was filed. A settlement conference was held on May 21, 1999, before Judge Randell L. Wilkinson.
Poll
12-0 (liability)
Length
three days
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