Vesna Stoinshek v. Maria Luz Ruiz Ceja, Antonio Ceja
Published: Oct. 22, 2005 | Result Date: Aug. 31, 2005 | Filing Date: Jan. 1, 1900 |Case number: 03N01260 Verdict – $25,460
Judge
Court
L.A. Superior Central
Attorneys
Plaintiff
Werner R. Meissner
(Meissner Law Firm PC)
Defendant
Experts
Defendant
Brian Pirres
(medical)
Facts
Plaintiff Vesna Stoinshek was driving her sedan through an intersection, on a green light, when she collided with a vehicle driven by defendant Maria Ceja. The plaintiff sued Ceja and her husband, Antonio, the owner of the vehicle, for negligence. The defendants did not dispute liability, but did dispute the nature and extent of the plaintiff's injuries. They denied the existence of a hip chip fracture and alleged that the plaintiff's treatment and chiropractic bills were excessive and unreasonable. The defendants asserted that the plaintiff was reimbursed the correct amount for her vehicle.
Settlement Discussions
The plaintiff made a C.C.P. Section 998 offer of $13,500, which she reduced to $10,500, two weeks before trial. The defendants offered $9,000, reduced to $7,842, two weeks before trial.
Specials in Evidence
$7,835 $458
Damages
The plaintiff's car was totaled and she sought $2,145 for the difference between the amount the insurance company paid as fair market value of her car and the actual cost of her replacement vehicle. The plaintiff also sought an unspecified amount for pain and suffering.
Injuries
The plaintiff suffered sprains and strains to her neck, back, and left shoulder. She also claimed she sustained a chip fracture in her right hip. She received three months of chiropractic treatment.
Result
The jury awarded the plaintiff $25,460, which was later reduced to $25,000 (due to the court's limited jurisdiction). The plaintiff was awarded costs of $7,627. The insurance company had paid in full pursuant to Insurance Code Section 11580(b)(2).
Other Information
The defendants' motion to tax costs and for a new trial were denied.
Deliberation
four hours
Length
five days
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