Nancy Lavalle v. Gagik Gevorgian
Published: May 20, 2003 | Result Date: Feb. 6, 2003 | Filing Date: Jan. 1, 1900 |Case number: EC031769 Arbitration – $98,740
Court
L.A. Superior Glendale
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Brent Pratlay
(medical)
Defendant
Stephen L.G. Rothman M.D.
(medical)
Arthur Kreitenberg M.D.
(medical)
Facts
The subject suit relates to a motor vehicle rear-end collision that occurred on Penrose Street near the intersection of San Fernando Road in Sun Valley. The plaintiff, a 43-year-old nurses aide, was stopped on Penrose when the defendant's asphalt dump truck rear-ended her 1993 Dodge Dakota pick-up truck. The defendant admitted liability but disputed the extent of the injuries.
Settlement Discussions
The parties stipulated to terms of $15,000 low and $100,000 high.
Specials in Evidence
$32,000 $3,740
Damages
$3,700 damages to the plaintiff's vehicle.
Injuries
The plaintiff claimed a right rotator cuff tear requiring surgery. She first saw a chiropractor then later an orthopedist who diagnosed the injury 1+ years post-accident. The plaintiff claimed that she did not have any problems with her arms or shoulders prior to this relatively minor impact to her vehicle at 3 to 5 mph. The defendant's expert saw no tears in the rotator cuff and opined that the plaintiff had pre-existing, degenerative changes in her shoulder.
Other Information
According to the defendant: The plaintiff admitted to being "capped" at the scene. However, the arbitrator still found plaintiff's right shoulder complaints/surgery to be caused by the accident. An arbitration was held before Hon. James Jackman, retired.
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