Gary and Karen Schwager v. Laura Burdick
Published: May 18, 1996 | Result Date: Apr. 12, 1996 | Filing Date: Jan. 1, 1900 |Case number: 739081 – $0
Judge
Court
Orange Superior
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Douglas E. Harrington
(medical)
Richard D. Jones
(Jones Mayer)
(technical)
Theodore M. Teacher
(medical)
Robert W. Johnson CPA
(technical)
Harry J. Krueper Jr.
(technical)
Defendant
Eugene Malitz
(technical)
Paul W. Mundt
(technical)
Catherine M. Graves MBA
(technical)
Richard N. Selby
(medical)
Jeffrey M. Lulow
(medical)
Facts
On December 1, 1993, the plaintiff, Gary Schwager, a 56-year-old attorney, was riding a motorcycle on Alta Laguna Street in Laguna Beach, California. The defendant, Laura Burdick, was also operating her vehicle on Alta Laguna Street. The defendant's vehicle collided with the plaintiff's motorcycle. The plaintiff contended his motorcycle was rear ended when he stopped to look at a roofing project across the street. The defendant contended that the plaintiff made an unsafe lane change from the number two lane to the number one lane directly in front of her. The plaintiff brought this action against the defendant based on negligence theories of recovery.
Settlement Discussions
The plaintiff made a C.C.P. º998 settlement demand for $2,100,000. The defendant made a C.C.P. º998 offer of compromise for $10,000.
Specials in Evidence
$15,000 $250,000 $1,600,000 $10,000
Injuries
The plaintiff alleged that he sustained soft tissue injuries to his neck and back, neurological injuries including loss of memory, cognitive impairment, loss of balance, problems with his eyesight and inability to continue in his career as an attorney as a result of the accident.
Other Information
The verdict was reached approximately two years and four months after the case was filed. A settlement conference was held in October of 1996, before Judge Jameson of Orange County Superior Court resulting in a trial date being set.
Deliberation
6 hours
Poll
12-0
Length
5 weeks
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