David Schoonover, Thuy Bich v. Cameron Elford, Lisa Pashenee
Published: Jan. 23, 2016 | Result Date: Oct. 19, 2015 | Filing Date: Jan. 1, 1900 |Case number: 34-2012-00131228 Verdict – $2,962,900
Court
Sacramento Superior
Attorneys
Plaintiff
Glenn S. Guenard
(Guenard & Bozarth LLP)
Defendant
Raymond R. Gates
(Lauria Tokunaga Gates & Linn LLP)
Experts
Plaintiff
Christopher G. Finkemeier M.D.
(medical)
Rafael Neiman
(medical)
Defendant
Masoud Ghalambor
(medical)
Kimberly Van Dyck
(technical)
Facts
David Schoonover and Thuch Bich sued Cameron Elford and Lisa Pashenee in connection with an automobile accident that allegedly occurred on July 22, 2012.
Contentions
PLAINTIFFS' CONTENTIONS:
Schoonover was driving along Roseville Rd. in Roseville at around 11 p.m. when he was struck head-on by another vehicle driven by Elford, a teenager. Schoonover sustained injuries as a result and sued Elford and his mother, Pashenee, for negligence and negligent entrustment. Schoonover claimed the teen had passengers in his car, not a parent, in violation of the law and accused the teen of being intoxicated. Schoonover claimed Elford had prior instances involving drugs and the police, and that Pashanee had knowledge of those incidents. As such, Schoonover claimed Pashenee should have known not to allow her son to drive.
Settlement Discussions
Plaintiffs demanded $600,000 in settlement, which defendants countered with a $100,000 offer.
Damages
Schoonover sought to recover past medical costs, past and future loss of earnings, and past and future pain and suffering. His wife, Bich, sought to recover damages for loss of consortium.
Injuries
Schoonover claimed fractured sternum, ribs, toes, patella, and calcaneus and underwent surgery to repair his knee and heel fractures. He was unable to work for six months, due to his injuries.
Result
The jury ultimately found defendants liable and awarded Schoonover $2,962,908 in damages, including $324,153 in past medical cost, $168,750 in past lost earnings, $120,000 in future lost earnings, $650,000 in past pain and suffering, and $1.7 million in future pain and suffering.
Other Information
Defendants filed a motion for a new trial, which was denied. Defendants have filed a notice of appeal.
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