Jury Verdict Report
1. DOCKET NO.: A478200
2. COURT/BRANCH: DISTRICT COURT CLARK COUNTY, NEVADA
3. CASE NAME: Gordon R. Tillen v. Bernard A. Aase, et al.
4. TRIAL TYPE: Jury Trial
5. JUDGE Honorable Sally Loehrer
6. VERDICT DATE: February 17, 2006
7. TYPE OF CASE: Auto v. Big Rig – Personal Injury
8. VERDICT AMOUNT: $2,554,221 plus prejudgment interest and costs
(2 ½ day trial – Jury out 4 hours)
TOTAL JUDGMNENT ENTERED: $ 2,717,730.85
9. COUNSEL A. Plaintiff:
Omar I. Habbas, Esq.
Habbas, Nasseri & Associates
675 N. First Street, Suite 100
San Jose, CA 95112
Steven J. Brewer, Esq
GWILLIAM, IVARY, CHIOSSO, CAVALLI & BREWER
1999 Harrison Street, Suite 1600
Oakland, California 94612
Office: (510) 832-5411
Fax: (510) 832-1918
Roger O. Steggerda. Esq.
520 South Sixth Street
Las Vegas, NV 89101
Office (702) 382-4357
Fax: (702) 382-0042
Party Represented: Gordon R. Tillen
B. Defense: Alan W. Westbrook, Esq.
PERRY & SPANN
1701 W. Charleston Blvd., Suite 200
Las Vegas, NV 89102
Office: (702) 870-2400
Fax: (702) 870-8220
Charles W. Spann, Esq.
PERRY & SPANN
6130 Plumas St.
Reno, NV 89509
Office: (775) 829-2002
Fax: (775) 829-1808
Parties Represented: Bernard A. Aase,
Coastal Transport Corp., and
Coastal Transport Co., Inc.
10. PARTIES: Plaintiff:
Gordon R. Tillen
Date of Birth: 9/5/53
Occupation: Outdoor Salesman
Defendants: Bernard A. Aase; Coastal Transport Corp., and Coastal Transport Co., Inc.
11. FACTS: Plaintiff Tillen was stopped for traffic in Interstate 95. Defenadant Aase was employed by and operating a tanker truck owned by defendants Coastal. Defendant Aase struck plaintiff's vehicle from the rear. Defendant Aase was inattentive and violated the basic speed law. In addition, the brakes on defendants' trailer were out of adjustment resulting in a 40% deficiency in braking capacity. Defendants admitted liability.
12. CLAIMED INJURIES: Herniated disc at the L5-S1 level which required a discectomy. Plaintiff has residual pain and is a candidate for fusion surgery.
13: CLAIMED DAMAGES:
Present medical expenses: $ 94,440.27
Future medical expenses: $ 206,000.00
Lost earnings: $ 186,781.00
Future lost earnings: $ 739,360.00 to $ 919,337.00
14: INSURANCE CARRIER: Canal Insurance Company
TRIAL SETTLEMENT NEGOTIATIONS:
Plaintiff demanded: $2,300,000.00 which was later reduced to a $1,000,000.00 policy limit demand
Defendant offered: $350,000.00
COMMENTS: Plaintiff's counsel was misled by defense counsel to believe that there was only one insurance policy covering this incident. On the second day of trial, defense counsel notified plaintiff's counsel that there was an excess policy.