Kim Rozek v. Andre Szyszkowski
Published: Feb. 1, 1997 | Result Date: Jan. 9, 1997 | Filing Date: Jan. 1, 1900 |Case number: 757576 Verdict – $0
Judge
Court
Orange Superior
Attorneys
Plaintiff
David H. Greenberg
(Law Office of David H. Greenberg)
Defendant
Experts
Defendant
Eron J. Martin
(medical)
Steve Belino
(technical)
Facts
On Jan. 11, 1995, plaintiff Kim Rozek, a 22-year-old clerical assistant at a public relations firm, was driving a 1988 Toyota Corolla on Newland St. in Huntington Beach. The plaintiff was stopped at a red light and claimed she never saw the vehicle operated by defendant Andre Szyszkowski before the impact. The defendant had stopped his 1987 Cadillac Seville behind the plaintiff, and when he reached for his sunglasses on the next seat, his vehicle rolled forward. The defendant claimed he stopped short, but did not feel an impact.There was no property damage to either car. The plaintiff brought this action against the defendant based on negligence theories of recovery.
Settlement Discussions
The plaintiff made a C.C.P. º998 settlement demand for $15,000 which was later reduced to a dismissal in exchange for a waiver of costs. The defendant made no settlement offers.
Specials in Evidence
$7,676 $2,000
Other Information
The verdict was reached approximately one year and one month after the case was filed. An arbitration was held on Oct. 21, 1996 before Richard J. Wianecki, resulting in a defense award. The plaintiff requested a trial de novo. EXPERT TESTIMONY: Defense expert Eron J. Martin testified that the plaintiff's treatment was unreasonable and poorly documented. Defense expert Steve Bellino testified that the force of the impact was insufficient to cause injury.
Deliberation
2 hours
Poll
10-2
Length
4 days
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