Lillian G. Channing v. Ronald L. Stiles, G.W. Surfaces
Published: Jun. 27, 2009 | Result Date: May 22, 2009 | Filing Date: Jan. 1, 1900 |Case number: 56-2008-00324851-CU-PA-VTA Arbitration – $47,989
Court
Ventura Superior
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Jerome Friedland
(medical)
Carla Sperling
(medical)
Defendant
Richard C. Rosenberg M.D.
(medical)
Facts
On Nov. 7, 2007, a driver for defendant G.W. Surfaces, a company that specialized in granite and marble installation, collided with a BMW driven by plaintiff Lillian G. Channing, a 17-year-old waitress, after making a left turn in front of plaintiff's vehicle. The collision totaled both vehicles.
Settlement Discussions
Plaintiff demanded $35,000 (C.C.P. section 998) and defendant offered $18,500. According to defense counsel: Plaintiff subsequently raised the demand to $42,500. Defendant subsequently raised the offer to $37,500.
Specials in Evidence
$12,709 $348
Injuries
Plaintiff was treated at the scene by paramedics and transported to the St. John's Pleasant Valley Emergency Room. Plaintiff was treated at the hospital and received physical therapy for 15 weeks. Plaintiff claimed abrasions to her legs and knees, chest contusion, and neck and back pain. Plaintiff also claimed emotional distress, scars to both legs on the knees and shins, and patellofemoral and retropatellar pain with squatting, bending and kneeling. Defendant disputed the injuries and damages, and claimed that plaintiff suffered simple soft tissue injuries, at a value of $18,500. Defendant contended that plaintiff was overtreated with physical therapy and that the therapy should have only been four weeks.
Result
The arbitrator awarded plaintiff $45,000 plus costs at $2,989 and interest. The total amount was $51,487.
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