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Personal Injury (Vehicular)
Auto v. Van
Negligence

Feichtmann v. Scorzo

Published: May 4, 2002 | Result Date: Jan. 25, 2002 | Filing Date: Jan. 1, 1900 |

Case number: 01CC01939 Verdict –  $14,838

Judge

Robert D. Monarch

Court

Orange Superior


Attorneys

Plaintiff

Jerry C. Popovich
(Hawkins, Parnell & Young LLP)


Defendant

John S. Woller


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


#107208

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