Patsy Halligan, and as Guardian ad Litem for Kathleen Halligan and Ashley Halligan, minors v. M.F. Daily Investment Co., George Robert Enos Jr.
Published: Sep. 9, 2003 | Result Date: Jul. 12, 2002 | Filing Date: Jan. 1, 1900 |Case number: CIV198376 Verdict – $75,000
Judge
Court
Ventura Superior
Attorneys
Plaintiff
Defendant
John S. Lowenthal
(Lewis, Brisbois, Bisgaard & Smith LLP)
Experts
Plaintiff
Richard D. Scheinberg
(medical)
Defendant
Rocco Calderone M.D.
(medical)
Robert C. Klapper M.D.
(medical)
Facts
In September 1999, plaintiff Patsy Halligan, a 37-year-old housekeeper, was driving a 1999 Dodge Neon. Her daughters, 8-year-old Kathleen and 9-year-old Ashley, were passengers in the vehicle. They all had their seat belts fastened. On proceeding into an intersection on a green light, the Halligan vehicle was struck on the driver's side by a truck driven by defendant George Enos Jr. Patsy and her daughters were injured. The Halligan vehicle was so badly distorted that the "Jaws of Life" were necessary to extract Patsy. She was taken to Pleasant Valley Hospital in Camarillo. Plaintiff Patsy and her daughters sued defendant Enos and his employers, M.F. Daily Investment Co. and M.F. Daily Corp. The parties stipulated to liability but contested damages. In response to plaintiff Patsy Halligan's alleged injuries, the defendants argued that she would have needed hip replacement surgery in three to four years anyway and that the accident only accelerated the need for surgery. They also contended that the jury should not find causation as to the torn quadriceps tendon claim.
Settlement Discussions
The plaintiffs made a C.C.P. Section 998 demand of $250,000. The defendants offered $140,000 which was raised to $147,000. Before trial, the daughters' claims were settled after a settlement conference for $10,500 total.
Specials in Evidence
$52,938 (Patsy); $1,548 (Kathleen); $412 (Ashley) $39,560 (Patsy) $44,109 (Patsy) $303,679 (Patsy)
Injuries
On being taken to Pleasant Valley Hospital, plaintiff Patsy Halligan was treated for neck, back and bilateral hip pain. She claimed the accident aggravated her underlying childhood hip dysplasia and increased her symptoms. She asserted the need for more aggressive management, such as hip replacement arthroplasty. Patsy had undergone shelf procedures as a child for bilateral CDH with satisfactory results. She claimed she had enjoyed years of minimal discomfort and remained active up until the accident. During physical therapy, the plaintiff tore her quadriceps tendon which required orthopedic surgery. Following surgery, she was referred for quad strengthening physical therapy. The surgeon stated the plaintiff should be on a therapy program to maintain her range of motion and strength. He also opined that intermittent pain medication may be required. Plaintiff Kathleen Halligan injured her neck and back. Ashley Halligan injured her head and sustained a cut under her left eye. Both daughters underwent chiropractic care.
Result
The jury awarded plaintiff Patsy Halligan $75,000. This was reduced by $2,680 for offset of certain benefits and costs under motion of $15,511. The net verdict was $56,809.
Deliberation
two hours
Poll
12-0
Length
five days
For reprint rights or to order a copy of your photo:
Email
jeremy@reprintpros.com
for prices.
Direct dial: 949-702-5390