Kelly Bill v. Armstrong Roofing
Published: Mar. 8, 2001 | Result Date: Sep. 8, 2000 | Filing Date: Jan. 1, 1900 |Case number: 803879 Verdict – $317,000
Judge
Court
Orange Superior
Attorneys
Plaintiff
Jeffrey R. Billings
(Law Offices Larry H. Parker)
Defendant
Experts
Plaintiff
Gary L. Wyatt
(medical)
Kim Lawler
(medical)
Mayer W. Schames
(medical)
William M. Goodman
(medical)
Defendant
Larry J. Moore
(medical)
Eron J. Martin
(medical)
Facts
On Jan. 11, 1998, plaintiff Kelly Bill, 41, was rear-ended on the 57 freeway by a truck driven by defendant
Santos Ramirez and owned by him employer, Armstrong Roofing. Ramirez admitted that he was at fault for
the collision and that he was an employee in the course and scope of his employment at the time of the
accident.
Eight months later, on Sept. 10, 1998, Bill was involved in a second accident when her vehicle was rear-ended
by defendant Jill Warino. Warino contested liability at the time of trial. However, a motion for directed verdict
was granted to plaintiff at the conclusion of the evidence.
The plaintiff alleged that she sustained soft tissue injuries, as well as internal derangement of the right TM
joint as a result of the first accident. Additionally, plaintiff maintained that the second accident aggravated the
right TM joint injury and caused a new injury in the left TM joint. The plaintiff underwent physical therapy for
these injuries after both accidents and eventually underwent two surgeries to each TM joint.
The first round of surgeries consisted of arthroscopic procedures, while the second round involved an
arthroscopic procedure on the left TM joint and an open joint surgery on the right TM joint. The plaintiff had a
very good recovery after the second round of surgeries.
Settlement Discussions
Prior to trial, defendant Armstrong made a C.C.P. Section 998 demand of $50,000 while defendant Warino offered policy limits of $30,000 for a global settlement offer of $80,000. Prior to trial at the MSC, plaintiff indicated that she would accept the $250,000 the policy limits from Armstrong Roofing and the $30,000 policy limits from defendant Warino. The plaintiff was thus willing to accept $280,000 as a package. The plaintiff indicated that she would not settle with each defendant piecemeal. The matter was arbitrated by Nancy Oliver of Peterson, Oliver and Poll. The Armstrong defendants indicated that they were willing to pay the arbitration award of $34,000. However, defendant Warino did not make a settlement offer at the time of the MSC, claiming that there was no damage to the vehicles in this accident and that the accident couldnÆt have caused the injuries alleged by the plaintiff. On the day of trial, plaintiff made a settlement demand in the amount of $350,000.
Specials in Evidence
$78,000 $150,000
Injuries
The plaintiff alleged that she sustained soft tissue injuries, as well as internal derangement of the right TM joint as a result of the first accident. Additionally, plaintiff maintained that the second accident aggravated the right TM joint injury and caused a new injury in the left TM joint. The plaintiff underwent physical therapy for these injuries after both accidents and eventually underwent two surgeries to each TM joint. The first round of surgeries consisted of arthroscopic procedures, while the second round involved an arthroscopic procedure on the left TM joint and an open joint surgery on the right TM joint. The plaintiff had a very good recovery after the second round of surgeries.
Other Information
The jury determined that the Armstrong defendants were responsible for the past medical expenses of $66,427, future medical expenses of $36,000 and non-economic damages of $215,000, for a total judgment of $317,000. The jury also determined that defendant Warino was responsible for past medical expenses of $6,331, future medical expenses of $4,000 and non-economic damages of $10,000 for a total judgment of $20,331. The plaintiffÆs total verdict was thus $337,758. The plaintiffÆs total recovery was $373,523 inclusive of costs and prejudgment interest.
Deliberation
1.5 hours
Poll
12-0
Length
seven days
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