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Personal Injury (Vehicular)
Auto v. Truck
Sideswipe Collision

Maria Gonzalez v. Industrial Freight Systems and Ralph Encinas

Published: May 25, 1996 | Result Date: Mar. 7, 1996 | Filing Date: Jan. 1, 1900 |

Case number: PC012697X –  $0

Judge

Judith Ashmann-Gerst

Court

L.A. Superior Van Nuys


Attorneys

Plaintiff

Duane L. Bausman


Defendant

John Fessler


Experts

Plaintiff

Samir Nazo
(medical)

Bryan Keropian
(medical)

Alan C. Bleier
(medical)

Defendant

Bob Bakshian
(medical)

Facts

On August 16, 1993, the plaintiff, Maria Gonzalez, a 53-year-old waitress, was operating her vehicle eastbound in the far right lane of State Route 118 in Los Angeles. The plaintiff was traveling 55 miles per hour. As she approached the I-405 interchange, the left rear side of her car was struck by the right front corner of a truck operated by the defendant, Ralph Encinas. Defendant Encinas was in the course and scope of his employment with the defendant, Industrial Freight Systems, Inc., at the time of the accident. The plaintiff brought this action against the defendants, the driver and his employer, based on negligence and respondeat superior theories of recovery.

Settlement Discussions

The plaintiff made a settlement demand for $100,000. The defendants made a C.C.P. º998 offer of compromise for $22,501.

Specials in Evidence

$18,000 $160 $5,000 - $15,000

Damages

The plaintiff asked the jury to award $200,000 in damages.

Injuries

The plaintiff alleged that she sustained dislocated temporomandibular joints, cervical and lumbosacral spine strain, sprain of both shoulders, a chest contusion and headaches as a result of the accident.

Other Information

The verdict was reached approximately one year and nine months after the case was filed. An arbitration was held on May 17, 1995 before Barrett W. McInerney resulting in a plaintiff's award of $58,000. The defendants requested a trial de novo.

Deliberation

5 hours

Poll

12-0 (liability)

Length

6 days


#109491

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