Robert Ward et al v. Cadbury Schweppes Bottling Group et al - Document 210

Court Description:

JUDGMENT by Judge Dolly M. Gee: IT IS ORDERED, ADJUDGED AND DECREED that Plaintiffs shall recover the following sums from Defendants: (1) Plaintiff Robert M. Ward shall have and recover the total sum of $3,275,000.00 as follows: (a) Against Defe ndants The American Bottling Company and Dr Pepper Snapple Group, Inc., jointly and severally, the sum of $1,475,000.00, and (b) Against Defendant Dr Pepper Snapple Group, Inc., the sum of $1,800,000.00. (2) Plaintiff Robert E. Jones shall have and recover the total sum of $2,258,000.00 as follows: (a) Against Defendants The American Bottling Company and Dr Pepper Snapple Group, Inc., jointly and severally, the sum of $1,044,000.00, and (b) Against Defendant Dr Pepper Snapple Group, Inc., the sum of $1,214,000.00. (3) Plaintiff Gary Suhay shall have and recover the total sum of $2,798,422.98 as follows: (a) Against Defendants The American Bottling Company and Dr Pepper Snapple Group, Inc., jointly and severally , the sum of $1,256,422.98, and (b) Against Defendant Dr Pepper Snapple Group, Inc., the sum of $1,542,000.00. (4) Plaintiff Jose M. Valadez shall have and recover the total sum of $3,610,182.57 as follows: (a) Against Defendants The A merican Bottling Company and Dr Pepper Snapple Group, Inc., jointly and severally, the sum of $1,567,182.57, and (b) Against Defendant Dr Pepper Snapple Group, Inc., the sum of $2,043,000.00. (5) Plaintiff Leonard Talton shall have and reco ver the total sum of $2,897,000.00 as follows: (a) Against Defendants The American Bottling Company and Dr Pepper Snapple Group, Inc., jointly and severally, the sum of $1,144,000.00, and (b) Against Defendant Dr Pepper Snapple Group, Inc., the sum of $1,753,000.00. (6) Plaintiff Alfonso W. January shall have and recover the total sum of $2,382,540.07 as follows: (a) Against Defendants The American Bottling Company and Dr Pepper Snapple Group, Inc., jointly and severally, the sum of $1,047,140.07, and (b) Against Defendant Dr Pepper Snapple Group, Inc., the sum of $1,335,400.00. See document for details. (MD JS-6, Case Terminated). (gk)

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JS-6 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 11 12 13 14 15 16 17 18 19 ROBERT M. WARD, ROBERT E. ) JONES, JOSE M. VALADEZ, LEONARD ) Case No. CV 09-3279-DMG (CWx) ) TALTON, GARY SUHAY, and ) ALFONSO W. JANUARY, ) Plaintiffs, ) JUDGMENT ) v. ) ) CADBURY SCHWEPPES BOTTLING ) ) GROUP, CADBURY SCHWEPPES HOLDINGS INC., 7-UP/RC BOTTLING ) ) COMPANY OF SOUTHERN CALIFORNIA, DR PEPPER SNAPPLE ) ) GROUP, AMERICAN BOTTLING ) COMPANY, ) Defendants. ) 20 21 This action having been tried before the Court sitting with a jury; the issues having 22 been duly tried; the jury having duly rendered its verdict; and the Court having, 23 thereafter, granted offsets and modifications to the jury’s verdict, 24 25 26 27 IT IS ORDERED, ADJUDGED AND DECREED that Plaintiffs shall recover the following sums from Defendants: 1. Plaintiff Robert M. Ward shall have and recover the total sum of $3,275,000.00 as follows: 28 -1- a. 1 Against Defendants The American Bottling Company and Dr Pepper 2 Snapple Group, Inc., jointly and severally, the sum of $1,475,000.00, 3 comprised of: (1) $133,000.00 for past income; (2) $1,000,000.00 for 4 past and future physical pain, mental suffering, loss of enjoyment of 5 life, inconvenience, grief, humiliation, and emotional distress; and (3) 6 $342,000.00 for past and future physical impairment, including 7 psyche, hypertension, stomach, sleeplessness, anxiety, and chest pain; 8 and b. 9 $1,800,000.00 for punitive damages. 10 11 Against Defendant Dr Pepper Snapple Group, Inc., the sum of 2. Plaintiff Robert E. Jones shall have and recover the total sum of 12 $2,258,000.00 as follows: 13 a. Against Defendants The American Bottling Company and Dr Pepper 14 Snapple Group, Inc., jointly and severally, the sum of $1,044,000.00, 15 comprised of: (1) $44,000.00 for past income; (2) $1,000,000.00 for 16 past and future physical pain, mental suffering, loss of enjoyment of 17 life, inconvenience, grief, anxiety, humiliation, and emotional distress; 18 and b. 19 $1,214,000.00 for punitive damages. 20 21 Against Defendant Dr Pepper Snapple Group, Inc., the sum of 3. Plaintiff Gary Suhay shall have and recover the total sum of $2,798,422.98 22 as follows: 23 a. Against Defendants The American Bottling Company and Dr Pepper 24 Snapple Group, Inc., jointly and severally, the sum of $1,256,422.98, 25 comprised of: (1) $57,112.98 for past income; (2) $1,000,000.00 for 26 past and future physical pain, mental suffering, loss of enjoyment of 27 life, inconvenience, grief, anxiety, humiliation, and emotional distress; 28 -2- 1 and (3) $199,310.00 for past and future physical impairment, 2 including hernia and shoulder surgeries; and b. 3 $1,542,000.00 for punitive damages. 4 5 Against Defendant Dr Pepper Snapple Group, Inc., the sum of 4. Plaintiff Jose M. Valadez shall have and recover the total sum of 6 $3,610,182.57 as follows: 7 a. Against Defendants The American Bottling Company and Dr Pepper 8 Snapple Group, Inc., jointly and severally, the sum of $1,567,182.57, 9 comprised of: (1) $92,048.57 for past income; (2) $1,000,000.00 for 10 past and future physical pain, mental suffering, loss of enjoyment of 11 life, inconvenience, grief, anxiety, humiliation, and emotional distress; 12 and (3) $475,134.00 for past and future physical impairment, 13 including right knee surgery; and b. 14 $2,043,000.00 for punitive damages. 15 16 Against Defendant Dr Pepper Snapple Group, Inc., the sum of 5. Plaintiff Leonard Talton shall have and recover the total sum of 17 $2,897,000.00 as follows: 18 a. Against Defendants The American Bottling Company and Dr Pepper 19 Snapple Group, Inc., jointly and severally, the sum of $1,144,000.00, 20 comprised of: (1) $144,000.00 for past income; (2) $800,000.00 for 21 past and future physical pain, mental suffering, loss of enjoyment of 22 life, inconvenience, grief, anxiety, humiliation, and emotional distress; 23 and (3) $200,000.00 for past and future physical impairment, 24 including back and stress; and b. 25 $1,753,000.00 for punitive damages. 26 27 28 Against Defendant Dr Pepper Snapple Group, Inc., the sum of 6. Plaintiff Alfonso W. January shall have and recover the total sum of $2,382,540.07 as follows: -3- 1 a. Against Defendants The American Bottling Company and Dr Pepper 2 Snapple Group, Inc., jointly and severally, the sum of $1,047,140.07, 3 comprised of: (1) $139,330.72 for past income; (2) $800,000.00 for 4 past and future physical pain, mental suffering, loss of enjoyment of 5 life, inconvenience, grief, anxiety, humiliation, and emotional distress; 6 and (3) $107,809.35 for past and future physical impairment, 7 including shoulder, stress and strain; and 8 9 b. Against Defendant Dr Pepper Snapple Group, Inc., the sum of $1,335,400.00 for punitive damages. 10 11 DATED: February 23, 2012 12 DOLLY M. GEE UNITED STATES DISTRICT JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -4-