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Personal Injury (Vehicular)
Truck v. Auto
Negligence

Fox v. Rodriguez

Published: Apr. 12, 2001 | Result Date: Mar. 12, 2001 | Filing Date: Jan. 1, 1900 |

Case number: VC030173 Verdict –  $0

Judge

James M. Sutton Jr.

Court

L.A. Superior Norwalk


Attorneys

Plaintiff

Ken Horio


Defendant

Robert T. Bergsten
(Hosp, Gilbert & Bergsten)


Experts

Plaintiff

Van Vu
(medical)

Steve Limburg
(medical)

Robert Moulas
(medical)

Steven Novum
(medical)

Defendant

Boyd W. Flinders
(medical)

Kenneth A. Solomon
(technical)

Facts

The plaintiff was a passenger in a car driven by her friend, Judy Ketchum (a former plaintiff). The plaintiffÆs
vehicle was southbound on Carmenita Road at approximately 45 mph when defendant Rodriguez, driving a
cab-over tractor for defendant Intermodal West, turned left across the plaintiffÆs path from northbound
Carmenita.
The plaintiffÆs vehicle braked and swerved, but it still broadsided defendantÆs tractor at approximately 35 mph.
The plaintiffÆs vehicle was totaled. Both airbags deployed. The plaintiff and driver Ketchum alleged that the
defendant failed to yield.
Defendant Rodriguez argued that he had a green arrow and that the plaintiffÆs vehicle ran a red light. There
were no independent witnesses.
Ketchum settled with defendants for $8,000 prior to trial.

Settlement Discussions

The plaintiff demanded $1 million. The defendant made a C.C.P. Section 998 offer of $15,000.

Specials in Evidence

$15,000 $20,000

Injuries

The plaintiff suffered exploded breast implant, frozen shoulder syndrome, fibromyalgia, myofacial pain syndrome and neck and back strains and sprains.


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