Feichtmann v. Scorzo
Published: May 4, 2002 | Result Date: Jan. 25, 2002 | Filing Date: Jan. 1, 1900 |Case number: 01CC01939 Verdict – $14,838
Judge
Court
Orange Superior
Attorneys
Plaintiff
Jerry C. Popovich
(Hawkins, Parnell & Young LLP)
Defendant
Experts
Plaintiff
Alexander O. Francini
(medical)
Defendant
Bruce M. Albert M.D.
(medical)
Facts
On Feb. 9, 2000, the plaintiff, Charlotte Feichtmann, was working in her employment as a pediatric physical
therapist. She was traveling from one in-home physical therapy appointment to another in-home appointment.
In so doing, she traveled northbound on Beach Blvd. in Huntington Beach and made a left turn into the left
lane of westbound Talbert Ave. While Feichtmann was driving straight in a westerly direction, defendant
Scorzo pulled his van away from the curb, also moving to the west, and turned into FeichtmannÆs van,
impacting the front right portion of her minivan. The impact was severe, sending her into eastbound Talbert
traffic, although there were no other impacts.
The plaintiff contended that the defendant negligently pulled away from the curb causing the accident, without
any comparative fault by the plaintiff.
The defendant admitted 100 percent fault just prior to trial.
Settlement Discussions
The defendant offered $10,500. The plaintiff demanded $16,500.
Injuries
Severe contusions to the right hip and the right foot, cervical sprain and strain with post-traumatic headaches.
Other Information
The plaintiff verdict was for 100-percent economic damages, plus $9,000 in noneconomic damages. <P>The defendant challenged ordinary costs that had been sought by the plaintiff, since the verdict could have been rendered in the court of lesser jurisdiction, and the defendant also sought to tax certain costs; the motion was denied and all ordinary costs were awarded. The plaintiff brought a motion for prejudgment interest based on the fact that the verdict plus the ordinary costs exceeded a statutory settlement demand in the amount of $16,500. The prejudgment interest worked out to an additional $634. As a result of exceeding the statutory settlement demand, the plaintiff was awarded an additional $5,000 in expert witness costs. The plaintiff also brought a motion for attorney fees under C.C.P. Section 2033(o) based on the defendantÆs responses to a request for admissions that were denied relating to liability; the motion was denied based on the fact that the day before trial the admissions were amended to an admission of 100-percent fault. The total cost to the defendant in the suit is $22,453 being the sum of the verdict, ordinary costs awarded, expert costs awarded pursuant to C.C.P. Section 998 and prejudgment interest awarded pursuant to Civil Code Section 3291.</P>
Deliberation
three hours
Poll
10-2 (on each of the damage categories)
Length
three days
For reprint rights or to order a copy of your photo:
Email
jeremy@reprintpros.com
for prices.
Direct dial: 949-702-5390