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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