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Personal Injury (Vehicular)
Automobile Accident
Multiple Vehicles

Ana and Angel Montero v. Betty Montano, et al.

Published: Sep. 16, 1995 | Result Date: Aug. 22, 1995 | Filing Date: Jan. 1, 1900 |

Case number: 198550 –  $23,500

Judge

Arnold D. Gowans

Court

Santa Barbara Superior


Attorneys

Plaintiff

Moises Vasquez


Defendant

Gregory C. Pyfrom


Experts

Defendant

Kurt Kimball
(medical)

Facts

On September 10, 1992, Plaintiff Ana Montero, a 38-year-old housecleaner, and her 3-year-old son, Angel were traveling on Calle Real toward Old Mill Road in Ventura. Defendant Betty Montano pulled out in front of Plaintiff, allegedly causing Plaintiff to strike 2 automobiles. Defendant admitted liability.

Settlement Discussions

Defendant contends she offered $10,000 with an indication of more if Plaintiff reduced her demand; and Plaintiff demanded $75,000.

Specials in Evidence

$11,600 $34,000 capacity claimed, but denied by the Court $15,000

Damages

Property damages to 2 of the 3 vehicles was in excess of $12,000.

Injuries

Sprains and strains of the cervical, thoracic, and lumbosacral spine with related radiculopathy in arms and legs requiring extensive chiropractic care and physical therapy; concussion syndrome and post concussion trauma with associated loss of sleep and nausea requiring psychotherapy.

Other Information

A prior arbitration by David A. Rivette resulted in a Plaintiff's award in the amount of $40,000; trial de novo by Defendant.

Deliberation

3.5 hours

Poll

11-1

Length

6 days


#109037

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