JP Ratcliff, Loveidean Ratcliff v. Jane Doe
Published: Sep. 21, 2004 | Result Date: Jun. 17, 2004 | Filing Date: Jan. 1, 1900 |Case number: RG03083640 Verdict – $15,387
Judge
Court
Alameda Superior
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Raymond W. Yu
(medical)
Defendant
James Y. Soong
(medical)
Facts
On Feb. 23, 2002, a pick up truck driven by defendant Jane Doe, 40, collided with a Lexus driven by the plaintiff, J.P. Ratcliff who was accompanied by his wife, Loveidean, as passenger. The plaintiffs' vehicle was then pushed into the path of another vehicle. There was significant property damage to the Lexus. The defendant had consumed about a half of a small bottle of Vodka mixed with soda earlier in the day. She could not recall any details of the accident, other than she was lost in Alameda just before it occurred. The plaintiffs contended that the defendant was negligent and acted maliciously by driving under the influence of alcohol. The defendant did not dispute liability.
Settlement Discussions
The plaintiff wife demanded $100,000; the plaintiff husband demanded $75,000. The defendant made a C.C.P. 998 offer for $25,000 to the plaintiff wife and $10,000 to the plaintiff husband.
Specials in Evidence
$1,523 (husband); $2,263 (wife) $5,202 (wife) $5,202 (wife) $2,263 (wife)
Injuries
The plaintiff wife sustained a neck strain; the husband has chest contusions.
Result
The jury awarded the plaintiffs $15,387 apportioned as to $3,773 for the plaintiff husband and $11,614 for the plaintiff wife. The plaintiffs filed a motion for new trial.
Other Information
The case was mediated twice in addition to two court-supervised settlement conferences. The defendants have filed a costs memo totaling $5,278. The punitive damages claim was bifurcated but the jury did not find that the defendant acted with malice so the punitive damages phase was never reached.
Deliberation
five hours
Length
four days
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