Allyson Krasny v. Olivia Kabance
Published: Dec. 6, 2001 | Result Date: Oct. 15, 2001 | Filing Date: Jan. 1, 1900 |Case number: GIC758300 Verdict – $0
Judge
Court
San Diego Superior
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Joseph Verna
(medical)
Charles K. Jablecki
(medical)
John Cerlanek
(medical)
Defendant
Eugene Vanderpol II
(technical)
Jonathan Schliemer
(medical)
Facts
On Dec. 10, 1999, defendant Olivia Kabance and her friend Shawna Rogers (formerly Simpson)
were in KabanceÆs Subaru Legacy and on their way to classes at Poway High School when the
accident occurred. The roads were wet, although it was not raining at the time of the accident.
The plaintiffÆs vehicle was a large Lexus, which was also on its way to Poway High to drop off
plaintiff Krasny for an important chemistry test. While stopped behind the Lexus, in her
automatic transmission Subaru, Kabance bent down to adjust her shoe. Apparently, her foot
pressure on the brake pedal was lessened and the car began to roll forward. Friend and co-
passenger Rogers said, "you know youÆre rolling forward." Kabance began to stop. At the
moment she stopped, she bumped the rear of the Lexus occupied by the plaintiffs. Krasny claims
that Kabance admitted at the scene that her foot depressed the gas pedal after it slipped.
Settlement Discussions
The plaintiff demanded policy limits of $50,000. The defendant made a C.C.P. Section 998 offer of $13,000.
Specials in Evidence
$15,848
Injuries
The plaintiff is complaining of chronic left shoulder strain and problems with her brachial plexus complex, coupled with associated headaches. The plaintiff has had neurological evaluation and electrodiagnostic studies with Charles K. Jablecki, M.D., an MRI read by Robert C. Benson, M.D., a radiological evaluation by Rowena Tena, M.D., a second MRI study by Robert C. Benson, M.D., treatment by Richard Bryce, M.D., and a general practitioner, and a referral to Kristi A. Dove, M.D., for a musculoskelatal neurology consultation. The plaintiff began seeing chiropractor Joe Verna in May 2000, after returning from college. She has seen him for approximately two weeks of intensive therapy. She continues to see this chiropractor.
Other Information
After one and one-half days of testimony (and before either defense expert testified), the plaintiff stipulated to a defense verdict in exchange for a waiver of costs.
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