Jorge Delgadillo v. Estate of Richard Forssen
Published: May 11, 1996 | Result Date: Apr. 5, 1996 | Filing Date: Jan. 1, 1900 |Case number: PC00713 – $61,000
Judge
Court
L.A. Superior San Fernando
Attorneys
Plaintiff
Randolph M. Hammock
(Los Angeles County Superior Court)
Defendant
Experts
Plaintiff
Joseph W. Thompson
(technical)
Richard C. Rosenberg M.D.
(medical)
Defendant
Myron Koch
(medical)
Alan Keith K. Miller
(technical)
Facts
On February 19, 1992, the plaintiff, Jorge Delgadillo, a 35-year-old motorcycle painter, was operating his motorcycle on a two lane semi-residential street. The plaintiff changed lanes and the vehicle operated by the defendant, Richard Forssen, struck the plaintiff's motorcycle from the rear. The plaintiff was knocked off his motorcycle and allegedly suffered injuries. The plaintiff brought this action against the defendant based on a negligence theory of recovery.
Settlement Discussions
Per the plaintiff, the plaintiff made a C.C.P. º998 settlement demand for $70,000 and the defendant made a settlement offer for $20,000. Per the defendant, the plaintiff made a C.C.P. º998 settlement demand for $85,000 and the defendant offered $20,000 with an indication of $45,000.
Specials in Evidence
$17,714 (per the plaintiff) and $20,543 (per the defendant) $________ $________ $________
Damages
The plaintiff claimed $7,670 in property damage.
Injuries
The plaintiff alleged that he sustained severe scrapes and bruises across his stomach and knees, pain to the neck and back area necessitating MRIs, a head injury which resulted in severe complaints of headaches and necessitated a brain MRI, and a grade three medial meniscal tear requiring arthroscopic surgery as a result of the accident.
Other Information
The verdict was reached approximately three years and eight months after the case was filed. An arbitration was held on July 10, 1995, before Martin Refkin resulting in a gross award in favor of the plaintiff for $93,290 and a net award of $69,967. The defendant requested a trial de novo. The defendant in this case died subsequent to the accident due to unrelated caused and there was no preserve testimony regarding his version of how this accident occurred.
Deliberation
1+ days
Poll
12-0 (liability); 10-2 (damages)
Length
6 days
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