Utesch v. Sulivan
Published: Apr. 13, 2002 | Result Date: Sep. 25, 2001 | Filing Date: Jan. 1, 1900 |Case number: 345821 Verdict – $33,000
Judge
Court
Riverside Superior
Attorneys
Plaintiff
Defendant
Robert E. Henke
(Diederich & Associates)
Experts
Plaintiff
Christopher Fleming
(medical)
Facts
On Sep. 9, 1999, the defendant made a left turn in front of the plaintiffÆs oncoming vehicle. Property damage to
both vehicles was significant. At trial, the defendant conceded liability.
The plaintiffÆs counsel did not ask for any specific sum, but suggested an amount in excess of $100,000.
The defense counsel suggested an award of $14,000.
The plaintiff contended that there was a need for cervical surgery.
The defendant disputed the need for surgery, maintaining that the injuries were soft
tissue only and that the excessive treatment was motivated by the lawsuit.
Settlement Discussions
At the mandatory settlement conference, the defendant offered the policy limits of $25,000. Prior to that the plaintiff had submitted a C.C.P. Section 998 demand of $25,000 but this was rejected for lack of information. Subsequently, the plaintiff increased this to $125,000.
Result
The unanimous jury award was for $23,000 and this was increased by additur to $33,000; with costs and prejudgment interest, the final judgment exceeded $45,000. The plaintiff has filed a notice of appeal based upon the insufficiency of the additur. The defendants are also liable for attorney fees based upon denial of request for admissions regarding liability.
Deliberation
three hours
Length
five days
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