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Personal Injury (Vehicular)
Pedestrian Accident
Cart Accident

Thang Ngoc Nguyen v. Coast Community College District

Published: Jan. 1, 2000 | Result Date: Jun. 29, 1999 | Filing Date: Jan. 1, 1900 |

Case number: 793256 Verdict –  $184,143

Judge

H. Warren Siegel

Court

Orange Superior


Attorneys

Plaintiff

Dale E. Washington
(Law Office of Dale E. Washington)


Defendant

Will Jay Pirkey
(Office of the Los Angeles City Attorney)


Experts

Plaintiff

Sandra Snieder
(technical)

Mark O'Callahan
(technical)

Terry Boycott
(medical)

Todashi Funahashi
(medical)

Defendant

Roderick D. Stroud
(technical)

Irwin L. Bliss M.D.
(medical)

Jacques Cohen
(technical)

E. Jeffrey Barney
(medical)

Facts

On Jan. 21, 1998, plaintiff Thang Ngoc Nguyen, a 53-year-old consultant, was with his wife, plaintiff Kim Nguyen, attending the Tet Festival at Golden West College in Huntington Beach. He stepped backwards into the path of a passing electric cart driven by a volunteer working for the defendant college. The wife did not see nor recognize her husband's scream when the cart struck the husband, injuring him. The plaintiffs, husband and wife, brought this action against defendant Coast Community College District, Union of Vietnamese Students Association of Southern California and Thiet Nguyen (no relation to plaintiff) based on negligence, respondeat superior premises liability.

Settlement Discussions

The plaintiffs made C.C.P. º998 settlement demands for $35,000 for the plaintiff wife and $332,000 for the plaintiff husband. The defendant made a settlement offer of $60,000, with an indication of $75,000.

Specials in Evidence

$22,113.90 $200,000 $1,022,266 (present value) $10,000 or less (surgery) and a request for lifetime physical therapy but no amount

Damages

In addition to economic damages, the plaintiffs sought $1 million in noneconomic damages for pain and suffering.

Injuries

The plaintiff husband suffered a "Weber C" fracture/dislocation of his right ankle, requiring open reduction and internal fixation with seven screws and a plate, with the possibility of future surgery to remove the screws and plate. The plaintiff husband claimed his injuries resulted in residual loss of motion, requiring a cane for walking, as well as pain, aggravation of diabetes, and reflex sympathetic dystrophy. The plaintiff wife claimed she suffered bystander emotional distress but no economic damages.

Result

(before/after reduction for comparative liability)

Other Information

The verdict was reached approximately one year and two months after the case was filed. The plaintiffs' gross negligence cause of action and punitive damage request non-suited at the beggining of trial. The plaintiff wife's emotional distress claim non-suited at the close of the plaintiffs' case. A settlement conference was held on Feb. 5, 1999, before Judge H. Warren Siegel, resulting in no settlement. Plaintiff's motion for new trial and judgment notwithstanding the verdict was denied. Defendants awarded costs on nonsuit of plaintiff wife.

Deliberation

one day

Length

five days


#97104

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