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Personal Injury
Auto v. Auto
Rear-End Collision

Kiera Konecny v. Andrew Van

Published: Feb. 21, 2009 | Result Date: Nov. 21, 2008 | Filing Date: Jan. 1, 1900 |

Case number: 07CC08713 Verdict –  $93,933

Court

Orange Superior


Attorneys

Plaintiff

Richard S. Stout
(Law Office of Richard S. Stout)


Defendant

F. Lee Christensen


Experts

Plaintiff

Kendall S. Wagner M.D.
(medical)

Defendant

Robert A. Baird
(medical)

Facts

On Aug. 25, 2005, plaintiff Kiera Konecny, 26, was driving westbound on the 91 freeway in Anaheim when defendant Andrew Van rear-ended the plaintiff's vehicle. The impact slammed the plaintiff's vehicle forward into the vehicle in front of her. The plaintiff alleged that the defendant negligently operated his vehicle; failed to keep a proper lookout; and failed to maintain a safe speed for conditions.

Settlement Discussions

The plaintiff demanded $100,000 (policy limits). Allstate, defendant Van's insurer, made a top offer of $25,000 and would not negotiate further.

Injuries

The plaintiff aggravated a previously asymptomatic degenerative condition in her lumbar spine including a disc protrusion at the L4-5 level, which plaintiff contended will, with reasonable certainty, require her to undergo a surgical fusion at some point in her lifetime. This aggravation further causes lower back pain that occasionally radiates into plaintiff's buttocks and upper thigh. The defendant contended that the plaintiff sustained a soft tissue injury to her lumbar spine; that plaintiff had multiple pre-existing lumbar anomalies that were unrelated to the accident; and that all of her current symptoms are due to the natural progression of the underlying pre-existing conditions. Further, that plaintiff is not a surgical candidate.

Result

The defendant was found 100 percent liable and plaintiff was awarded past medical expenses of $8,933.45, future medical expenses of $40,000 and $45,000 for general damages, for a verdict of $93,933.45

Other Information

The plaintiff filed a cost bill in the amount of $10,726. Allstate has satisfied the plaintiff's judgment in full for a total of $104,660, which is in excess of the policy limits. FILING DATE: Aug. 8, 2007.

Deliberation

three hours

Length

four days


#101036

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