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Personal Injury (Vehicular)
Automobile Accident
Pedestrian

Joseph Najdovski v. Charlene Mitzner, et al.

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

Case number: 240923 –  $0

Judge

James D. Ward

Court

Riverside Superior


Attorneys

Plaintiff

Gregory A. Lee


Defendant

James L. Price


Experts

Plaintiff

Ernest Z. Klein
(technical)

Eskild Reinhold
(medical)

Defendant

Mortimer N. Moore
(technical)

Facts

On July 9, 1993, at approximately 9:35 p.m., Plaintiff Joseph Najdovski, a 60-year-old profoundly deaf retiree, had just eaten dinner at a restaurant in Corona; he had also consumed a few beers. Plaintiff then crossed Sixth Street, outside the boundary of the crosswalk; he crossed 2 westbound lanes, the median, the number-one eastbound lane, and then walked into Defendant Charlene Mitzner's automobile. Plaintiff was first struck in the right lower leg; he then rolled up onto the hood, struck the windshield, and tumbled to the asphalt.

Settlement Discussions

Defendant contends she offered $10,000 and Plaintiff demanded $250,000. Plaintiff contends he made no firm demand.

Specials in Evidence

$275,000

Injuries

Comminuted compound fracture of the right tibia requiring open reduction internal fixation; rib fractures; head trauma with resultant 2-week coma; Plaintiff was hospitalized for 2 months and then transferred to convalescent care; residual leg shortening, scarring, and impaired gait.

Other Information

A prior arbitration by Charles Harrison resulted in a Defense award; trial de novo by Plaintiff.

Deliberation

50 minutes

Poll

9-2

Length

4 days


#109119

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