White v. Eckert
Published: Apr. 22, 2003 | Result Date: Mar. 3, 2003 | Filing Date: Jan. 1, 1900 |Case number: GIN017476 Verdict – $29,220
Judge
Court
San Diego Superior
Attorneys
Plaintiff
Defendant
Kennett L. Patrick
(Winet, Patrick, Gayer, Creighton & Hanes)
Experts
Plaintiff
Robert Knuff
(medical)
Michelle LaMantia
(medical)
Eugene Vanderpol II
(technical)
Gregory Gerras
(medical)
Defendant
David G. Smith
(medical)
Jonathan A. Schleimer M.D.
(medical)
Peter M. Burkhard
(technical)
Facts
The subject suit concerns a rear-end auto accident. The defendant's tractor trailer struck the rear of the plaintiff's vehicle and pushed it into another vehicle. The defendant admitted liability at the time of the trial.
Settlement Discussions
The defendant offered $150,000. The plaintiff demanded $300,000.
Specials in Evidence
$150,000 $1 million inclusive of future loss of earnings and loss of household services
Injuries
The plaintiff's neck injury required surgery including a diskectomy at C2-3 with a left iliac crest graft and a shoulder arthroscopic surgery to repair a rotator cuff tear post accident. The defendant's experts testified that the surgeries were not related to the motor vehicle accident and that the plaintiff sustained only a temporary aggravation to his pre-existing injuries to his neck and back.
Other Information
The plaintiff's medical expenses were excluded after a motion for directed verdict was made by the defendant. The plaintiff was unable to establish that the medical charges were reasonable within the community.
Deliberation
2.5 days
Length
four days
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