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Glenn County Superior Courts

Jury Verdicts Weekly

November 14, 1986

Maria Castillo vs Avila Trucking Company

Number: 19881
Plaintiff Attorney: Frederick R. Palumbo and Lionel E. Orderico, San Diego
Defendant Attorney: Engstrom, Lipscomb and Lack, Los Angeles, by Brian J. Panish
Plaintiff Medical: Micheal R. Klein, Jr. M.D. (Orthopedist) Folsom
Melvin Schwartz PhD (Psychologist) San Diego
Allen Gill PhD (Psychologist) San Diego
Defendant Medical: James E. Schultz M.D. (Orthopedist) San Diego
Trial Judge: Hon. Roy G. MacFarland

OLIVE BARRELS ON FREEWAY-PASSENGER IN AUTO INJURED

April 23, 1984 plaintiff, 40 years old, was injured when the auto in which she was a passenger struck an olive barrel (6′ x 4′) on Interstate 5 in Glenn County.

Plaintiff contended that the defendant’s driver was hauling the olive barrels from olive fields to a processing plant; that the load became untied and barrels spilled across the freeway; that the plaintiff’s driver struck one of the barrels at a speed of about 55 miles per hour; and that the auto went out of control and came to a stop in a culvert.

Defendant’s driver contended that he was unaware that his load spilled until he was notified by the California Highway Patrol, at which time he admitted that he lost olive barrels from his truck.

Plaintiff attorney did not submit a specific figure to the jury

Injuries: Plaintiff’s doctors testified that she suffered a fractured patella, torn ligaments in the knee, soft tissue injuries to the back and neck, headaches, a post-concussion syndrome, and psychological problems because she was forced to file for bankruptcy and underwent a foreclosure on her house, due to the extent of the injuries sustained in the subject accident, and the inability to continue employment.

Dr. Shultz testified that the plaintiff suffered only minor injuries in the subject accident, which resolved within a matter of weeks after the accident.

Specials: Medical to date $8,000. Claimed Future Medical for surgery. Loss of Wages $18,000. Defendant contended that the Wage Loss claimed and the plaintiff’s financial condition was not related to the subject accident.

Settlement talks: Demand $100,000, reduced to $50,000. Offer $15,000, with an indication of more.

Result: DEFENDANT VERDICT     POLL WAIVED

Motion for a new trial not made.

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