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Personal Injury (Vehicular)
Auto v. Motorcycle
Rear End Collision

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

Haig Kehiayan

Court

L.A. Superior San Fernando


Attorneys

Plaintiff

Randolph M. Hammock
(Los Angeles County Superior Court)


Defendant

Kent G. Mariconda


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


#109437

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