Nicholas Pelczar v. Janell Marcella Contreras, Oskar Lu
Published: Mar. 23, 2013 | Result Date: Oct. 12, 2012 | Filing Date: Jan. 1, 1900 |Case number: 30-2011-00483984-CU-PA-CJC Settlement – $60,000
Court
Orange Superior
Attorneys
Plaintiff
Harlan B. Kistler
(Law Offices of Harlan B. Kistler)
Defendant
Christopher P. Wesierski
(Wesierski & Zurek LLP)
Experts
Defendant
Richard B. Rhee M.D.
(medical)
Facts
In 2009, Nicholas Pelczat was driving east on State Route 1 when he was involved in a three-vehicle rear-end collision. A vehicle operated by Janell Contreras rear-ended Pelczar's vehicle, causing him to collide with the vehicle in front of him. Pelczar suffered injuries as a result thereof and sued Contreras and Oskar Lu, owner of the vehicle Contreras was driving, for negligence and vicarious liability.
Contentions
PLAINTIFF'S CONTENTIONS:
Plaintiff contended that defendant initiated the chain-reaction collision in stop-and-go traffic. Plaintiff further contended that police reports reflected his version of the events.
Damages
Pelczar sought damages in excess of $42,000 for past medical costs and an unspecified amount for his future medical costs, and past and future pain and suffering. The defendants disputed the causation and extent of Pelczar's injuries. They also disputed the reasonableness of Pelczar's medical treatment and the need for future treatment or surgery as claimed by him.
Injuries
Pelczar was transported to the emergency room by ambulance complaining for back pain. He suffered from soft tissue strains and sprains to his neck, back, and upper body. He subsequently treated with chiropractic care, trigger point injections, and epidural shots. His treatments lasted beyond 2012. Pelczar continued to experience ongoing neck and back pain. His treating and expert orthopedists opined that he was a good candidate for lower back surgery.
Result
The parties agreed to settle for $60,000.
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