Jose Gutierrez v. Pamela Michelle Brown
Published: May 20, 2003 | Result Date: Apr. 18, 2003 | Filing Date: Jan. 1, 1900 |Case number: BC251835 Verdict – $380,558
Judge
Court
L.A. Superior Central
Attorneys
Plaintiff
James P. Carr
(Yuhl Carr LLP)
Defendant
Experts
Plaintiff
Isaac Schmidt
(medical)
Edmund R. Cababa
(technical)
Defendant
John K. Tyson P.E.
(technical)
Arthur Kreitenberg M.D.
(medical)
Facts
On March 14, 2001, the plaintiff, a then 61-year-old laborer, was injured when struck by an automobile driven by the defendant at or near the intersection of Pico Boulevard and Meadowbrook Avenue in the Mid-City area of Los Angeles. The plaintiff was injured while attempting to cross Pico Boulevard en route to a liquor store.
Settlement Discussions
The plaintiff demanded $275,000 (the same amount as was awarded in a prior arbitration). The defendant offered $15,000.
Specials in Evidence
$58,000 (disputed) $12,000 to $20,000 $12,000 to $20,000 $11,000 to $14,000
Injuries
The plaintiff suffered a complex fracture of the proximal tibia with open reduction, internal fixation. The plaintiff was hospitalized for one week, followed by six months of physical therapy. The defendant disputed the reasonableness of the medical bills and the claims of chronic and lifetime pain.
Poll
11-1 (all issues except damages), 10-2 (damages)
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