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
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
For reprint rights or to order a copy of your photo:
Email
jeremy@reprintpros.com
for prices.
Direct dial: 949-702-5390