Virginia Bowersmith v. Jeanette Willis, et al.
Published: Jan. 25, 1997 | Result Date: Jan. 10, 1997 | Filing Date: Jan. 1, 1900 |Case number: 754179 – $0
Judge
Court
Orange Superior
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Raymond J. Bergez
(medical)
James G. Kent Ph.D.
(technical)
Defendant
Michael J. Einbund M.D.
(medical)
Peter M. Burkhard
(technical)
Facts
On Aug. 22, 1995, plaintiff Virginia Bowersmith, a 63-year-old self-employed apartment manager, was rearended by defendant Jeanette Willis who was driving a 1986 Ford Taurus. The incident occurred on an offramp from the 405 freeway. The impact pushed down the plaintiff's rear bumper and lightly dented the defendant's front bumper. The plaintiff brought this action against the defendant based on negligence theory of recovery.
Settlement Discussions
The plaintiff made a C.C.P. º998 settlement demand for $60,000. The defendant made a C.C.P. º998 offer of compromise for $20,000.
Injuries
The plaintiff alleged that she suffered soft tissue injuries to her back and neck and a herniated disc at L4-5 requiring a laminectomy/discectomy.
Other Information
The verdict was reached approximately one year and five months after the case filed. EXPERT TESTIMONY: The parties' biomechanical experts agreed that the accident was a seven to 10 mph impact, but the plaintiff's expert testified that the plaintiff's egg-shell lumbar spine allowed her to sustain a herniated disc at L4-5, while the defendant's expert testified that the impact was too minor to cause a herniated disc, even with a weakened lumbar spine. The plaintiff's medical experts recommended back surgery and testified that the accident likely caused the plaintiff's injury. The defendant's medical expert testified that the plaintiff's MRI showed right side problems while the plaintiff's symptoms were on her left side and lower back.
Deliberation
1+ hours
Poll
10-2
Length
4 days
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