Rances Rincon, a minor, by and through his Guardian ad Litem, Ricardo Rincon v. June Kathleen Blackman
Published: Sep. 21, 2004 | Result Date: Mar. 25, 2004 | Filing Date: Jan. 1, 1900 |Case number: S1500CV249080RJA Verdict – $0
Judge
Court
Kern Superior
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Timothy Borman M.D.
(medical)
Defendant
Thomas F. Fugger Jr., P.E.
(technical)
Facts
Rances Rincon, 5, was in Bakersfield visiting his uncle for the summer when, on April 23, 1999, his uncle took him to Bucknell Street to visit some friends. While there, Rances and several other children were taken by an adult across the road to get ice cream from a truck that had stopped. After Rances got his ice cream, he crossed in front of the truck and started back across the road. As he did, he was struck by the 1994 GMC Suburban driven by June Blackman.
Settlement Discussions
The plaintiff made a C.C.P. Section 998 demand of $50,000.
Specials in Evidence
$17,097
Injuries
Rances suffered multiple fractures to his lower left leg, a large open wound to his left ankle, and multiple abrasions. He underwent surgery to repair the fractures, but claimed to still suffer from a visible deformity of the lower left leg and unsightly scarring, as well as an occasional limp and occasional pain.
Other Information
Non-binding arbitration was heard before trial by David Stiles, who awarded Rances $24,770 together with statutory costs of suit. Blackman requested trial de novo and the case proceeded to trial. At trial, Blackman was awarded costs of $3,635.
Deliberation
1.5 hours
Length
three days
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