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
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
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