Diane Scalamandre v. Carol Guy, et al.
Published: Jul. 29, 1995 | Result Date: Jun. 5, 1995 | Filing Date: Jan. 1, 1900 |Case number: 216224 – $75,000
Judge
Court
Riverside Superior
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Peter M.W. Dill
(technical)
Victoria Rivamonte
(medical)
Harvey Plasse
(medical)
Marilyn D'Hollosy
(medical)
Defendant
Jerome M. Block
(medical)
Facts
On January 4, 1991, Plaintiff Diane Scalamandre, a 60-year-old attorney from New York City, was traveling in her automobile when Defendant Carol Guy struck Plaintiff's vehicle in a rear end collision. Defendant admitted liability; there was a dispute as to whether or not Plaintiff was wearing her seat belt.
Settlement Discussions
Defendant contends she offered $40,000 to Plaintiff, immediately prior to trial; the offer was rejected; and Plaintiff's demand was not disclosed. Plaintiff contends her last demand was $40,000 during trial; and this demand was rejected by Defendant.
Specials in Evidence
$5,000 (not in evidence) $250,000 (not in evidence)
Damages
Plaintiff also claimed emotional distress and inability to work as an attorney for a New York trading company for the period of 2 years. Plaintiff asked the jury to award $500,000.
Injuries
Concussion resulting in post-concussion syndrome, accompanied by loss of memory, loss of concentration and organizational deficits; slight bilateral hearing loss. Treatments and/or surgeries, current and/or future, were not disclosed.
Other Information
A prior arbitration by Charles Harrison resulted in a Plaintiff's award of $30,000; trial de novo by Plaintiff.
Deliberation
1 day
Poll
9-3
Length
5 days
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