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Personal Injury (Vehicular)
Automobile Accident
Rear End Collision

David Kohler v. John Zentner

Published: Jun. 1, 1996 | Result Date: Apr. 26, 1996 | Filing Date: Jan. 1, 1900 |

Case number: LC021325 –  $2,184

Judge

Howard J. Schwab

Court

L.A. Superior Van Nuys


Attorneys

Plaintiff

James A. Otto


Defendant

Maria H. Skinner
(Mark R. Weiner & Associates)


Experts

Plaintiff

Joseph Thomson
(technical)

Anthony Feuerman
(medical)

Daniel Monaco
(medical)

Defendant

Roderick D. Stroud
(technical)

Lawrence Adler
(medical)

Facts

On August 28, 1992, the plaintiff, David Kohler, a 29-year-old real estate loan broker, was operating his vehicle northbound on Vanowen Street. A vehicle operated by the defendant, John Zentner, struck the plaintiff's vehicle in the rear. When the defendant's vehicle rear ended the plaintiff's vehicle, it pushed the plaintiff's vehicle into a third vehicle. 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 $30,000. The defendant made a C.C.P. º998 offer of compromise for $10,000.

Specials in Evidence

$14,000 $50,000 plus $25,000

Damages

The plaintiff asked the jury for $256,000 in damages.

Injuries

The plaintiff alleged that he sustained disc bulges requiring future surgery to his neck as a result of the accident.

Result

The defendant waived motions for attorney's fees and costs pursuant to C.C.P. º998 in exhange for the plaintiff's acceptance of the verdict and waiver of post trial motions.

Other Information

The verdict was reached approximately three years after the case was filed. The jurors gave the plaintiff three weeks of his chiropractic bills. Per the defendant, the hold-out juror wanted to award less damages. An arbitration was held on June 24, 1994 before Daniel Davisson resulting in an award of $7,500 in favor of the plaintiff. The plaintiff requested a trial de novo.

Deliberation

3 hours

Poll

11-1

Length

9 days


#109490

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