Tree branch falls, hitting driver of work truck. $4.3M. San Francisco County.
Summary
Tree branch suddenly falls onto truck; driver injured and claims the accident caused depression.
The Case
- Case Name: Smith v. St. Francis Homes Association
- Court and Case Number: San Francisco Superior Court / CGC-19-574365
- Date of Verdict or Judgment: Tuesday, November 01, 2022
- Date Action was Filed: Thursday, March 07, 2019
- Type of Case: Falling Object Accident
- Judge or Arbitrator(s): Hon. Vedica Puri
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Plaintiffs: Maurice Smith
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Defendants: St. Francis Homes Association
- Type of Result: Jury Verdict
The Result
- Gross Verdict or Award: $4,300,00
- Contributory/Comparative Negligence: None.
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Economic Damages:
Future lost earnings: $3,500,000
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Non-Economic Damages:
$800,000
- Trial or Arbitration Time: 13 days
- Jury Deliberation Time: 5 hours
- Jury Polls: 9-3
The Attorneys
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Attorney for the Plaintiff:
Altair Law by Craig M. Peters, San Francisco.
Kawahito Law Group by James Kawahito,Culver City.
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Attorney for the Defendant:
Kaufman Dolowich & Voluck by Aimee Hamoy and Rogelio Serrano, San Francisco.
The Experts
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Plaintiff’s Medical Expert(s):
Piers Barry, M.D., orthopedic surgery.
Alireza Bagherian, D.C., QME, functional capacity examinations.
Mark D'Esposito, M.D., neurology.
Dawn Osterweil, Ph.D., neuropsychology.
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Defendant's Medical Expert(s):
Robert Purchase, M.D., orthopedic surgery.
Mark Strassberg, M.D., neurology.
Joanna Berg, Ph.D., psychology.
William Hoddick, M.D., radiology.
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Plaintiff's Technical Expert(s):
Maria Brady, vocational rehabilitation.
Robert Johnson, forensic economics.
Ken Solomon, accident reconstruction, biomechanics and human factors.
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Defendant's Technical Expert(s):
Ben Ewers, accident reconstruction and biomechanics.
Roy Leggitt, arborist.
Carla Kelley, vocational rehabilitation.
Eric Drabkin, forensic economics.
Facts and Background
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Facts and Background:
On April 11, 2018, 35-year-old plaintiff was working for Recology as a garbage collector, driving his truck through St. Francis Wood, a residential neighborhood in San Francisco. A large, dead tree branch broke from a tree above and fell into and shattered the driver's side window of the vehicle plaintiff was driving.
The incident resulted in a concussion and a torn rotator cuff, leading to clinical depression and anxiety.
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Plaintiff's Contentions:
Plaintiff's depression and anxiety were real, and were caused by/as a direct result of the accident.
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Defendant's Contentions:
Plaintiff is lying about the incident, his symptoms and his injuries.
Injuries and Other Damages
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Physical Injuries claimed by Plaintiff:
Concussion, torn rotator cuff, cognitive deficits due to post-concussive syndrome, clinical depression, clinical anxiety, PTSD.
Special Damages
- Special Damages Claimed - Past Medical: 0
- Special Damages Claimed - Future Medical: 0
- Special Damages Claimed - Future Lost Earnings: $3,500,000
Demands and Offers
- Plaintiff §998 Demand: $1,500,000
- Defendant §998 Offer: $301,000
- Defendant Offer during Trial: $500,000