Gregory Allen v. Michael Hlavacek
Published: Dec. 31, 1994 | Result Date: Nov. 10, 1994 | Filing Date: Jan. 1, 1900 |Case number: 713497 – $20,773
Judge
Court
Orange Superior
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Julio Westerband
(medical)
Rick Letts
(medical)
Defendant
Joseph S. Swickard
(medical)
Facts
On July 9, 1992, Plaintiff Gregory Allen, a 34-year-old police officer in the course and scope of his employment, had stopped in his patrol unit behind a stalled vehicle. Plaintiff had his overhead emergency lights activated in an effort to warn oncoming traffic of a potential hazard. Defendant Michael Hlavacek was operating his 1993 Jeep Cherokee northbound on MacArthur Boulevard in the number 2 lane and was traveling directly behind Plaintiff's police unit. Defendant had stopped his vehicle approximately 3/4 of a car length behind Plaintiff patrol unit. As Hlavacek brought his vehicle to a stop, his briefcase which had been placed on the passenger seat next to him, slid to the floor. As Defendant reached over to pick up his briefcase, his foot slipped off the brake pedal, causing Defendant's vehicle to roll forward and strike the Plaintiff's patrol unit in a rear end collision. Defendant admitted liability.
Settlement Discussions
Defendant contends it originally made a 998 offer in the amount of $5,002 increased to $9,500 new money and Plaintiff demanded $50,000 decreased to $25,000 new money; before trial Plaintiff demanded $15,000 new money.
Specials in Evidence
$6,373 $47,808
Damages
Plaintiff asked the jury to return a verdict in the amount of $205,656; of which $151,475 was for pain and suffering for the next 41.5 years.
Injuries
Plaintiff claimed intervertebral disc syndrome and cervical radiculitis, cervical myofascitis, and accompanying headaches requiring chiropractic adjustments and physical therapy.
Deliberation
10 hours
Poll
10-2
Length
6 days
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