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Personal Injury (Vehicular)
Automobile Accident
Drunk Driver

Darryl MacFalls v. Jerry Valles, et al.

Published: Oct. 14, 1995 | Result Date: Jul. 14, 1995 | Filing Date: Jan. 1, 1900 |

Case number: VC014520 –  $0

Judge

John R. Stanton

Court

L.A. Superior Norwalk


Attorneys

Plaintiff

Wesley B. Westphal


Defendant

Jay S. McClaugherty
(McClaugherty & Associates)


Experts

Plaintiff

Perry R. Secor
(medical)

Amy K. Bonneau
(technical)

David K. Eto
(technical)

Defendant

Carl Sheriff
(technical)

Keith E. Liberman M.D.
(medical)

Nachman Brautbar M.D.
(medical)

Facts

On May 15, 1993, at 2:30 a.m., Plaintiff, a 30-year-old ironworker, was driving home from bowling; Defendant was driving his vehicle in order to charge the battery. As Plaintiff was entering the intersection, Defendant was mid-way through; both Plaintiff and Defendant collided. A witness behind Plaintiff's vehicle confirmed that the light was green for Plaintiff. Defendant admitted to consuming 4 beers before driving. Both Plaintiff and Defendant claimed green lights.

Settlement Discussions

Defendant contends he offered $25,000 (policy limits) and Plaintiff demanded $130,000. Defendant contends Plaintiff's demand during trial was reduced to $55,000.

Specials in Evidence

$38,500 $51,183 $11,901 $1,400 per year

Damages

Plaintiff claimed compensatory and punitive damages of $700,000.

Injuries

8-mm disc herniation requiring cervical fusion surgery and possible future surgery.

Other Information

A prior arbitration award resulted in a Plaintiff's award of $92,500; trial de novo by Defendant. This case was filed on October 4, 1993; one year, nine months and ten days prior to this result.

Deliberation

16 hours

Poll

9-3

Length

7 days


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