Greg McJunkin v. Terry Kaland
Published: Sep. 24, 2005 | Result Date: Aug. 26, 2005 | Filing Date: Jan. 1, 1900 |Case number: 388198 Verdict – $5,077
Judge
Court
Riverside Superior
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Lawrence Rabkin
(medical)
Defendant
Stephen L.G. Rothman M.D.
(medical)
Facts
Greg McJunkin, a 55-year-old car dealership employee, was riding his motorcycle westbound on Stetson Avenue in Hemet on Feb. 10, 2002. Terry Kaland was riding a motorcycle in front of McJunkin. Kaland pulled to the side of the road and then began a U-turn. McJunkin's motorcycle struck Kaland's.
Settlement Discussions
McJunkin made no demand for settlement. Kaland offered $9,000.
Specials in Evidence
$26,152
Damages
Pain and suffering.
Injuries
McJunkin initially claimed injury to his left, non-dominant hand. A doctor at an emergency room set his hand in a splint and a sling. More than a month after the accident, on March 13, McJunkin complained of shoulder pain. Weeks later, he claimed that he could not raise his arm more than 90 degrees. He underwent a Mumford procedure in July, in which an orthopedist scraped out the shoulder joint and clipped part of his collar bone to make more room for the shoulder to move. McJunkin claimed that the shoulder injury was not immediately apparent because his arm was in a sling. The defense argued that the shoulder injury wasn't caused by the accident. It elicited testimony from McJunkin's orthopedist, Lawrence Rabkin, that no objective evidence showed that the accident caused the injury. The defense argued that the shoulder injury resulted from arthritis. In the alternative, it argued that the jury should not award more than $30,000 in total damages.
Deliberation
2.5 hours
Length
five days
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