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Personal Injury
Auto v. Auto
Negligence

Jon Hastings v. Thanh Do

Published: Jun. 24, 2003 | Result Date: Mar. 18, 2003 | Filing Date: Jan. 1, 1900 |

Case number: 01CC16364 Verdict –  $137,457

Judge

Mary Fingal Erickson

Court

Orange Superior


Attorneys

Plaintiff

Randy A. Johnson

Steven F. Carlson
( Carlson & Johnson LLP)


Defendant

John F. McCay


Experts

Plaintiff

Theodore L. Sawyer
(medical)

Neil D. Kravetz
(medical)

Defendant

Richard D. Dauben
(medical)

Dennis A. Rhyne
(medical)

Facts

On Jan. 8, 2001, at approximately 7:00 a.m., the plaintiff, a 49-year-old male, traveling westbound on the 22 freeway came to a stop when the rest of the traffic similarly came to a standstill due to traffic conditions where the freeway intersected with the 405 freeway. He was rear-ended by the defendant which forced the plaintiff to rear-end the vehicle in front of him.

Settlement Discussions

The plaintiff demanded $100,000 (policy limits) pursuant to C.C.P. Section 998. The defendant offered $30,00.

Specials in Evidence

$24,000 $30,000 (future surgery disputed)

Injuries

The plaintiff claimed 3 mm disc bulge C6-7; ulnar nerve injury and pain and suffering.

Other Information

The plaintiff was granted $26,061 in C.C.P. Section 998 costs and interest. The plaintiff brought a post-trial motion for attorney fees for the defendant's denial of Request for Admission on liability pursuant to C.C.P. 2033 (o) which was granted for $3,395. During closing arguments, the defendant admitted liability.

Deliberation

one day

Poll

12-0

Length

five days


#107371

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