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
Court
L.A. Superior Van Nuys
Attorneys
Plaintiff
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
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