Ramon Gutierrez, Jeremie Lim See v. Platon Craft Floral Inc.
Published: Sep. 21, 2004 | Result Date: May 24, 2004 | Filing Date: Jan. 1, 1900 |Case number: 415534 Verdict – $37,941
Judge
Court
San Francisco Superior
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Robert Aguilar
(medical)
Defendant
C. Arthur Sciaroni
(medical)
Facts
On Jan. 10, 2002, at approximately 7 a.m., the plaintiff, a 57-year-old detailer at an auto body shop, was driving his 1991 Toyota Camry on Hillside Boulevard in South San Francisco when the vehicle was rear-ended by a 1992 Ford Explorer being driven by Jeremie Lim See. The vehicle was stopped and the Explorer was traveling between 35 and 40 mph at the time of the collision. Additionally, the Explorer was the defendant's uncle's work vehicle for the registered owner, Platon Craft Floral Inc. The defense stipulated that See was an authorized driver. Gutierrez sued See and Platon Craft Floral Inc. and alleged vehicular negligence. The defense contended that Gutierrez's rear lights were not working. In the alternative, it argued that the accident took place upon a hill that made it difficult for the defendant to spot the plaintiff's vehicle.
Settlement Discussions
At a non-binding arbitration, the arbitrator awarded the plaintiff $12,500, which was rejected by both parties. Both parties requested trial de novo and the case proceeded to trial. The plaintiff had demanded $25,000 to settle the case and the defendant had offered $12,000.
Specials in Evidence
$3,801 (chiropractic); $958 (ambulance); $1,115 (medical) $6,200
Damages
The plaintiff asked the jury to award him between $40,000 and $60,000.
Injuries
The plaintiff claimed soft-tissue injuries to his lower back. He was transported to a hospital for emergency room treatment. He received chiropractic care for three months.
Deliberation
two days
Poll
12-0
Length
three days
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