California Court of Appeal

Order that defendant pay close to $18,000 in restitution for injuring the victim in a hit and run is reversed where the trial court ignored that some portion of the victim's civil settlement with defendant was likely for the victim's pain and suffering, and the record does not show the parties or court attempted to allocate the settlement between economic damages supporting restitution and pain and suffering, which do not support restitution. (Opinion following rehearing).

Appellate Information

• Decided 01/15/2008
• Published 01/15/2008

Judges

• RUBIN, J.

Court

• California Court of Appeal

Counsel

• For Appellees:
  
• Anne E. Fragasso, for Defendant and Appellant., Bill Lockyer and Edmund G. Brown, Jr., Attorneys General, Mary Jo Graves and Dane R. Gillette, Chief Assistant Attorneys General, Pamela C. Hamanaka, Assistant Attorney General, Susan D. Martynec, Kenneth N. Sokoler and Marc E. Turchin, Deputy Attorneys General, for Plaintiff and Respondent.