Lisa Guilin v. John E. Laycock
Published: May 19, 2012 | Result Date: Feb. 27, 2012 | Filing Date: Jan. 1, 1900 |Case number: 37-2011-00088810-CU-PA-CTL Settlement – $70,000
Court
San Diego Superior
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Christian Bentley
(medical)
Defendant
Raymond M. Vance M.D.
(medical)
Facts
Defendant John E. Laycock rear-ended plaintiff Lisa Carolyn Guilin while plaintiff was stopped at a stop sign.
Laycock admitted to being tired on the morning of accident. He admitted he was not paying attention to plaintiff's vehicle, which was directly in front of him but was instead watching another vehicle coming down the intersecting roadway. Defendant was traveling at approximately 10 mph when he hit plaintiff's vehicle.
Contentions
DEFENDANT'S CONTENTIONS:
Defendant contended that the impact was minor and the force was insufficient to cause plaintiff's complained of injuries
Settlement Discussions
Plaintiff demanded $100,000. Defendant made no offer at mediation.
Damages
Following accident, plaintiff was unable to return to her profession as insurance claims adjuster due to the pain she continued to experience from the accident.
Injuries
Plaintiff suffered right shoulder impingement syndrome; biceps tendinitis of the right shoulder; cervical spine strain/sprain; cervical disc herniation at C5-6; lumbar spine strain/sprain; disc herniation at L4-5; and thoracic spine strain/sprain.
Result
The case settled for $70,000.
Other Information
EXPERT TESTIMONY: Plaintiff's expert, Christian Bentley, M.D., testified that plaintiff's right shoulder injury was to a reasonable degree of medical certainty causally related to the subject accident based upon plaintiff's arm position at the time of impact. Defense expert, Raymond Vance, M.D., opined that plaintiff's right shoulder injury was not related to the subject accident and plaintiff merely sustained a cervicotrapezius sprain. He testified that plaintiff's reasonable medical bills should have been $4,000. Dr. Vance also opined that plaintiff did not suffer an occupational disability. MEDIATOR: Jonathan Brenner, Esq.
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