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Personal Injury (Vehicular)
Negligence
Apportionment

Wanda Seieroe v. Onello Trucking/K Mart

Published: May 25, 1996 | Result Date: Dec. 23, 1995 | Filing Date: Jan. 1, 1900 |

Case number: BC034771 –  $619,522

Judge

Paul Boland

Court

L.A. Superior Central


Attorneys

Plaintiff

Douglas D. Shaffer
(Dordick Law Corporation)


Defendant

Jeffrey H. Baraban
(Baraban & Teske)

Linda S. Marks
(Judicate West)


Experts

Plaintiff

Joyce Elaine Pickersgill
(technical)

Sandra Schneider
(technical)

Alex D. Gazaui
(medical)

Taryn Johnson
(technical)

Defendant

Michael P. Weinstein M.D.
(medical)

Jack L. Vandernoot
(medical)

Facts

In August of 1990, the plaintiff, Wanda Seieroe, a 29-year-old office clerk, was involved in an automobile accident. The plaintiffÆs vehicle was rear ended by a truck driven by an employee of the defendant, Onello Trucking, in a low-speed impact (approximately ten mph). Following the rear end accident, the plaintiff had an MRI which showed a three millimeter disc bulge. She also had knee pain which necessitated arthroscopic knee surgery. The plaintiff followed conservative treatment and no back surgery was recommended. On a rainy day in December of 1991, the plaintiff was walking in the defendant store, K Mart, when she slipped and fell in some water that was lying near the front of the store. After the slip and fall accident, the plaintiffÆs disc problem became a five millimeter herniation and surgery was performed in 1992. The plaintiff was unable to return to work after that surgery. The plaintiff brought this action against the defendants, Onello Trucking and K Mart, based on negligence theories of recovery.

Settlement Discussions

The plaintiff made no settlement demands. Defendant, Onello Trucking, made a settlement offer of $50,000. Defendant, K Mart, made a settlement offer of $15,000.

Specials in Evidence

$50,000 $475,000 (disputed)

Injuries

The plaintiff alleged that she sustained a disc herniation requiring surgery as a result of the accidents.

Other Information

The verdict was reached approximately four years and eight months after the case was filed. A settlement conference was held on March 23, 1995 before Judge Barby, retired of J.A.M.S./Endispute, which did not resolve this matter.

Deliberation

1 day

Poll

11-1 (liability), 10-2 (comparative negligence and economic damages)

Length

8 days


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