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Personal Injury (Vehicular)
Auto v. Truck
Negligence

Sonja Roth v. Covenant Transport Inc., Leland Troy Allen

Published: Jun. 14, 2001 | Result Date: Feb. 23, 2001 | Filing Date: Jan. 1, 1900 |

Case number: GIC739336 Verdict –  $0

Judge

Robert E. May

Court

San Diego Superior


Attorneys

Plaintiff

J. Parkeson Miller

J.P. Miller Jr.


Defendant

Patricia G. Ryan


Experts

Plaintiff

James S. Sarkisian
(medical)

James Stewart
(technical)

Defendant

David A. Casteel
(technical)

Jonathan A. Schleimer M.D.
(medical)

Facts

On May 14, 1999, defendant Leland Troy Allen, employed by Covenant Transport, stopped at the corner of
Carmel Mountain Road, turning right onto Camino Del Norte, in San Diego, California. His 73 foot
tractor/trailer was straddling the right turn and adjacent bicycle lane, so that he could have clearance for his
trailer to make the turn. After completing 70% of his right turn, he sideswiped the plaintiffÆs Jeep Cherokee,
which subsequently entered the right turn lane.

Settlement Discussions

The plaintiff made a C.C.P. Section 998 demand of $42,999 in December 2000, lowered to $29,999 in January 2001. The defendant made a C.C.P. Section 998 offer of $1,001. At trial, the plaintiff argued for $100 per day for the balance of her life expectancy due to permanent injury. That sum would total $1,077,000.

Specials in Evidence

$6,000 $1,200

Damages

$4,000 (property damage)

Injuries

The plaintiff alleged head trauma, facial and left hand numbness, and neck and back injury. Treatment included neurological and orthopedic treatment, physical therapy, x-rays, MRI, CT scan, EMG, and sonogram. Residuals include left lip numbness and left thumb and left index finger numbness.

Deliberation

four hours

Poll

12-0

Length

four days


#99189

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