This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.

Personal Injury (Vehicular)
Automobile Accident
Rear End Collision

Felicia Torres v. Barton Filloon, Bay Alarm Company et al.

Published: Jun. 1, 1996 | Result Date: Feb. 16, 1996 | Filing Date: Jan. 1, 1900 |

Case number: C9500614 –  $35,000

Judge

John F. Vannucci

Court

Contra Costa Superior


Attorneys

Plaintiff

Albert G. Stoll Jr.
(Albert G. Stoll Jr. ALC)


Defendant

Roberta E. Nalbandian


Experts

Plaintiff

Elizabeth Anthony
(medical)

Martin E. Frankel
(medical)

Gilbert Kucera
(medical)

Defendant

Mark Shelub
(medical)

William Donlon
(medical)

Facts

On February 25, 1994, the plaintiff, Felicia Torres, a 20-year-old beauty consultant, was operating her vehicle northbound on Highway 80 near the San Pablo exit. Defendant Barton Filloon, an employee of defendant Bay Alarm Company, was operating his vehicle within the course and scope of his employment, when he rear ended the plaintiff's vehicle. The plaintiff brought this action against the defendants based on negligence and respondeat superior theories of recovery.

Settlement Discussions

The plaintiff made a settlement demand for $50,000. The defendants made a settlement offer of $10,000.

Specials in Evidence

$900 $________ $30,000 to $40,000

Damages

The plaintiff claimed $5,590.74 in property damage.

Injuries

The plaintiff claimed that she sustained soft tissue neck and back injuries and a temporomandibular joint injury which caused chronic headache syndrome as a result of the accident.

Result

A settlement conference was held on January 26, 1996, before Judge Van De Poel. It did not resolve the matter.

Other Information

The verdict was reached approximately one year after the case was filed. The plaintiff did not seek medical care until March 17, 1994, approximately three weeks after the accident, when she sought treatment with her family doctor. On the day of the accident, the plaintiff was earning $5 per hour plus commissions. The plaintiff became pregnant in March of 1995 and this affected her claimed wage loss. A settlement conference was held on January 26, 1996, before Judge Van De Poel. It did not resolve the matter.

Deliberation

2 hours

Poll

12-0

Length

3 days


#109509

For reprint rights or to order a copy of your photo:

Email jeremy@reprintpros.com for prices.
Direct dial: 949-702-5390