Benjamin Marino v. Christine Dennaoui
Published: Nov. 12, 2002 | Result Date: Sep. 30, 2002 | Filing Date: Jan. 1, 1900 |Case number: YC042547 Verdict – $0
Judge
Court
L.A. Superior Torrance
Attorneys
Plaintiff
Defendant
Thomas M. Phillips
(Phillips Firm)
Experts
Plaintiff
Leon Brooks
(medical)
Defendant
Jeffrey Wheeler
(technical)
Hillel Sperling M.D.
(medical)
Stephen L.G. Rothman M.D.
(medical)
Facts
This case arose out of a two-vehicle collision that occurred on or about Jan. 20, 2001 from the 405 Freeway, just
north of Los Angeles airport. The plaintiff, Benjamin Marino, a sergeant of the United States Military, was
driving a 1998 Nissan Pathfinder. The defendant, Christine Dennaoui, was operating a 2000 Toyota Camry.
The plaintiff's vehicle came to a stop due to slow traffic and was struck from behind by the defendant's vehicle.
The plaintiff's vehicle sustained no observable damage; however, the defendant's vehicle sustained $6,000
worth of damage.
The plaintiff was seen for chiropractic treatment four days later, claiming neck and
trapezius pain, as well as numbness in his right arm. He was subsequently diagnosed as having
a herniated disc at C4-5 and C5-6. The plaintiff had neck surgery in September 2001.
Settlement Discussions
The plaintiff made a demand for the defendant's insurance policy in the amount of $100,000. The defense, at a mediation approximately one month prior to the date of trial, made an offer to the plaintiff in the amount of $20,000. Immediately prior to trial, the defense solicited a further demand from the plaintiff, and the plaintiff was unwilling to come down substantially from the $100,000 figure they previously requested. No further offer was then made. The federal government claimed a non-negotiable lien for all medical bills plaintiff incurred related to his neck, subsequent to the accident. The lien was substantially greater than the offer.
Specials in Evidence
$33,000 None claimed None claimed $25,000 - $35,000
Injuries
The plaintiff alleged that he sustained a herniated disc at two levels requiring cervical surgery in September 2001. The plaintiff underwent chiropractic treatment in the aftermath of the incident for approximately three months and received diagnostic tests which allegedly confirmed the need for neck surgery.
Other Information
The jury reached its verdict on the basis that there was no cause or relationship between the subject accident and the plaintiff's medical treatment.
Deliberation
2.5 hours
Length
five days
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