Rodney Lopez v. Cheryl Alford, et al.
Published: Mar. 22, 1997 | Result Date: Feb. 24, 1997 | Filing Date: Jan. 1, 1900 |Case number: 55915 – $2,000
Judge
Court
Madera Superior
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Ahsan Bajwa
(medical)
Defendant
Alan M. Birnbaum
(medical)
Facts
On May 17, 1994, plaintiff Rodney Lopez, a 29-year-old sheet metal worker/repairman, was driving a 1993 Toyota Tercel in Madera. He was stopped at a stop sign when his vehicle was rearended by a 1989 Chevrolet station wagon driven by defendant Cheryl Alford. The impact caused $296 in damage to the plaintiff's vehicle and $1,443 in damage to the defendants' vehicle. The plaintiff alleged neck pain, back pain and headaches at the accident scene and was transported by ambulance to a local E.R. The plaintiff brought this action against Alford and the owners of the station wagon based on negligence and imputed liability theories of recovery.
Settlement Discussions
The plaintiff made a C.C.P. º998 settlement demand for $15,000. The defendants made a C.C.P. º998 offer of compromise for $3,500.
Specials in Evidence
$6,137
Damages
The plaintiff requested that the jury award him $21,000. The defendants suggested a defense verdict but requested that if injury be found, the plaintiff be awarded $2,000.
Injuries
The plaintiff alleged he sustained cervical, thoracic and lumbar sprain/strain injuries and post trauma headaches.
Other Information
The verdict was reached approximately one year and 10 months after the case was filed. ARBITRATION: An arbitration was held on March 3, 1996 before Paul Hager of Fresno resulting in an $18,000 award. The defendants requested a trial de novo. EXPERT TESTIMONY: The defense medical expert, Dr. Birnbaum, testified that it was more likely than not that the plaintiff sustained no injury, but did not rule out the possibility of the plaintiff sustaining a minor cervical strain.
Deliberation
1 hour
Poll
12-0
Length
2+ days
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