Kremer v. Grover
Published: Jul. 26, 2001 | Result Date: May 15, 2001 | Filing Date: Jan. 1, 1900 |Case number: 729496 Verdict – $2,586,750
Judge
Court
San Diego Superior
Attorneys
Plaintiff
Jack B. Winters Jr.
(Winters & Associates)
Defendant
Randall L. Winet
(Winet, Patrick, Gayer, Creighton & Hanes ALC)
Sean D. Beatty
(Beatty & Myers LLP)
Experts
Plaintiff
Ed J. Ruzak
(technical)
David A. Casteel
(technical)
Defendant
Terry Lee Newman
(technical)
Kenneth C. Berner
(technical)
Facts
On Sept. 17, 1998, Lawrence Grover was traveling southbound on Cresta Drive taking his 14-year-old son and
classmate Jennifer Kremer to school at Rancho Bernardo High. Grover came to a stop at Rancho Bernardo
Road and, after waiting for traffic, proceeded to drive straight across to the four-lane intersection.
As he approached the center of the intersection, Grover was broadsided by a Dodge pick-up truck driven by
defendant Donald Higginson. Grover sustained fatal injuries in the collision.
Defendants Ysroel and Devorah Goldstein lived on the corner of Cresta Drive and
Rancho Bernardo Road and had a large tree immediately adjacent to the intersection.
Defendants Robert and Joyce Turner lived two houses away from the Goldsteins on Rancho
Bernardo Road and also had shrubbery on a hill next to the street. The plaintiff, the decedentÆs
sister brought this action on behalf of the Estate.
Settlement Discussions
Prior to trial, the plaintiff demanded $550,000 from the Goldstein defendants and $350,000 from the Turner defendants. The demands were reduced to $100,000 at the beginning of trial. The Goldsteins made no offers to the plaintiff. The Turners offered $2,500 pursuant to C.C.P. Section 998. Prior to trial, the plaintiffÆs demand to the defendant Higginson was $100,000. On the eve of trial, the plaintiff settled with Higginson for his $50,000 policy limits and a covenant not to execute above $50,000 of his personal assets following trial. Prior to trial, the plaintiffÆs demand to the City of San Diego was $2,250,000.
Result
There was a bifurcated trial on liability. On May 11, 2001, the court entered a judgment of nonsuit in favor of the Goldsteins and Turner defendants. On May 15, 2001, the jury returned a verdict finding defendant Higginson not negligent, the City of San Diego five percent negligent and decedent Grover 95 percent comparatively negligent. The plaintiff and the city waived the jury for the damages phase and damages were determined by the court. The court awarded plaintiffs $2,586,746 after recovering award for GroverÆs comparative negligence and prior settlement judgment was entered against the city for $83,692.
Other Information
The Goldstein defendants have filed a cost bill of $7,360.
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