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Personal Injury
Auto v. Auto
Rear-End Collision

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

Susan Willis

Jack A. Thompson


Defendant

Dwayne S. Beck

Robert W. Flory


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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