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Personal Injury
Auto v. Auto
T-Bone Collision

Miriam Duran v. Diane Kekilian, et al.

Published: Oct. 29, 2011 | Result Date: Jul. 6, 2011 | Filing Date: Jan. 1, 1900 |

Case number: BC431417 Verdict –  $939,932

Court

L.A. Superior Central


Attorneys

Plaintiff

Gary A. Dordick
(Dordick Law Corporation)


Defendant

Jay T. Rubin
(Mark R. Weiner & Associates)


Experts

Plaintiff

John Larsen
(medical)

Jesse L. Wobrock Ph.D.
(technical)

Defendant

Peter M. Burkhard
(technical)

Stephen L.G. Rothman M.D.
(medical)

Steven J. Nagelberg M.D.
(medical)

Facts

On March 9, 2009, plaintiff Miriam Duran's vehicle was T-boned by defendant Diane Kekilian's vehicle. Plaintiff's vehicle spun around causing her to strike a parked vehicle.

Contentions

PLAINTIFF'S CONTENTIONS:
Plaintiff claimed that defendant attempted to negotiate an unsafe left turn from a side street striking plaintiff's vehicle on the passenger side. Plaintiff also claimed that defendant was inattentive.

DEFENDANT'S CONTENTIONS:
Defendant contended that plaintiff was traveling at an excessive speed and was comparatively at fault for the accident.

Settlement Discussions

Plaintiff demanded $100,000 (policy limits). Defendants failed to pay their policy.

Specials in Evidence

$282,032 $22,400 $32,093

Damages

$175,000 (past non-economic damages); $432,375 (future non-economic damages)

Injuries

Plaintiff suffered L4-5 and L5-S1 fusion. Plaintiff claimed that her treatment and care was reasonable and necessary. Defendant claimed that plaintiff's treatment was unnecessary and excessive.

Result

Verdict for $939,932 plus CCP 998 interest and costs. The parties settled the matter for $1 million after the verdict.


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