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Personal Injury
Auto v. Pedestrian
Negligence

Yolanda Polin, minors, Antonio Polin Jr., Nancy Polin, Isamar Polin, Dalia Polin, Estrella Polin, et al. v. Jennifer Lane Maxwell

Published: Sep. 24, 2005 | Result Date: Aug. 11, 2005 | Filing Date: Jan. 1, 1900 |

Case number: 04C01839 Verdict –  $0

Judge

Martin L. Goetsch

Court

L.A. Superior Pomona


Attorneys

Plaintiff

Ameer A. Shah
(Law Office of Ameer A. Shah APLC)


Defendant

Michael G. Hogan
(Raffalow Rhoads & Bretoi)


Experts

Plaintiff

Stephen J. Svastits
(medical)

Defendant

Milton E. Legome M.D.
(medical)

Facts

Plaintiff Yolanda Polin was crossing the street in a crosswalk with her five children (ranging in age from two to 11 years), plaintiffs Antonio, Nancy, Dalia, Estrella, and Isamar. Defendant Jennifer Laine Maxwell was making a right turn through the crosswalk when she hit Antonio.

Settlement Discussions

Antonio demanded $10,000. Yolanda demanded $7,000. The defendant made a C.C.P. Section 998 offer of $5,000 to Antonio and later raised it to $6,000 at trial. The defendant offered $1,500 to Yolanda.

Specials in Evidence

$2,000 (Antonio); $3,905 (Yolanda)

Injuries

Antonio sustained a fractured right foot. He recovered with no residual complaints. Yolanda allegedly sustained a bruise to her right thigh and soft-tissue injuries to her lower back and right thigh and hip. She received physical therapy on 26 occasions over a five-week period. She completely recovered. The defendant disputed the reasonableness and necessity of most of the plaintiffs' medical treatment.

Other Information

Nancy, Dalia, and Isamar, claimed they were traumatized by having witnessed the accident. Estrella claimed she was also hit by the defendant. On the first day of trial, they all dropped their claims.

Deliberation

two hours

Poll

12-0 (as to Yolanda), 9-3 (as to Antonio)

Length

nine days


#106398

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