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Personal Injury (Vehicular)
Automobile Accident
Rear End Collision

Vera Edgenton-Williams v. Timothy M. Higgins, et al.

Published: Apr. 27, 1996 | Result Date: Feb. 8, 1996 | Filing Date: Jan. 1, 1900 |

Case number: KC016280 –  $0

Judge

Michael B. Rutberg

Court

L.A. Superior Pomona


Attorneys

Plaintiff

Frank J. Lizarraga Jr.
(Lizarraga Law Firm APC)


Defendant

Dennis E. O'Meara


Experts

Plaintiff

Jeffrey Monahan
(medical)

Defendant

Peter M. Burkhard
(technical)

Facts

On April 13, 1993, the plaintiff, Vera Edgenton-Williams, a 41-year-old social worker (foster home caretaker), stopped her vehicle before preparing to exit a gas station. The defendant, Timothy Higgins, was operating a pick-up truck rented from the defendant, U-haul, when he backed up at the gas station and struck the right rear end of the plaintiff's vehicle. The plaintiff brought this action against the defendants, the driver and U-haul, based on negligence theories of recovery.

Settlement Discussions

The plaintiff made a C.C.P. º998 settlement demand for $30,000 policy limits. The defendants made a C.C.P. º998 offer of compromise for $11,000.

Specials in Evidence

$10,495 $48,000 in excess of $100,000 $15,000

Damages

The plaintiff claimed $200,000 (per the plaintiff) $242,000 (per the defendants) in compensatory damages.

Injuries

The plaintiff claimed that she sustained soft tissue injuries to her head, neck and lower back and a 5 mm. central and left sided disc herniation at L2-3 as a result of the accident.

Other Information

The verdict was reached approximately one year and ten months after the case was filed. An arbitration was held on February 10, 1994, before Wilhelmine S. Davis resulting in an award of $60,000 in favor of the plaintiff. The defendants requested a trial de novo.

Deliberation

1+ hours (per the defendants) and 4 hours (per the plaintiff)

Poll

12-0 (causation)

Length

7 days


#109358

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