Ezell Carter, Alameda-Contra Costa Transit v. Laurie Slez
Published: Aug. 24, 2004 | Result Date: May 14, 2004 | Filing Date: Jan. 1, 1900 |Case number: 2002043280 Verdict – $0
Judge
Court
Alameda Superior
Attorneys
Plaintiff
Defendant
James F. Hannawalt
(Office of the San Francisco City Attorney)
Experts
Plaintiff
Aubrey A. Swartz
(medical)
Defendant
Mark Bernstein
(medical)
Rajeev Kelkar Ph.D.
(technical)
Thomas G. Sampson M.D.
(medical)
Facts
On May 31, 2001, at approximately 5 p.m., the plaintiff, a 47-year-old bus driver, was driving a bus on Marina Village Parkway in Alameda. As the bus turned, he was rear-ended by the defendant driving a 2000 Honda Accord. The plaintiff and his employer both sued the defendant, in separate actions which were later consolidated. The defendant admitted liability but disputed injury causation.
Settlement Discussions
The plaintiff made a C.C.P. Section 998 demand of $100,000; the defense made a C.C.P. Section 998 offer of $5,000.
Specials in Evidence
$48,500 $120,000 $500,00 $240,000
Injuries
The plaintiff driver claimed that he injured his knees and that condition aggravated his arthritis to the point that he was permanently disabled from work as a bus driver and required bilateral knee replacement surgery.
Other Information
The defendant has submitted a cost bill of $4,700 which has resulted in the filing of a motion to tax.
Deliberation
30 minutes
Poll
12-0
Length
three days
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