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
Court
Contra Costa Superior
Attorneys
Plaintiff
Albert G. Stoll Jr.
(Albert G. Stoll Jr. ALC)
Defendant
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
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