Karen Wallo v. Dong Shin; Brian Lee; Kelly Lee
Published: Oct. 24, 1998 | Result Date: Sep. 14, 1998 | Filing Date: Jan. 1, 1900 |Case number: YC026972 Verdict – $275,000
Judge
Court
L.A. Superior Inglewood
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Earle E. Crandall
(medical)
George M. Brinton
(technical)
Sandy Browne
(technical)
Richard Visone
(medical)
Defendant
Duncan Q. McBride
(medical)
Michael J. Stahl
(medical)
Keith A. Miller
(technical)
Facts
On Dec. 7, 1995, plaintiff Karen Wallo, a 38-year-old singer/entertainer, was stopped for traffic to make a left hand turn when she was rear-ended by defendant Dong Shin in an automobile owned by defendants Brian and Kelly Lee. Plaintiff's property damages amounted to about $1,000. Two months later while receiving chiropractic care for her injuries, a 2-year-old child turned up the voltage on the EMS machine and jolted plaintiff. The plaintiff brought this action against the defendants based on negligence.
Settlement Discussions
The plaintiff made a C.C.P. º998 settlement demand for $100,000. The defendant made a C.C.P. º998 offer of compromise for $1,001.
Specials in Evidence
$38,732 $220,241 $100,000 (surgery)
Injuries
The plaintiff suffered disc herniations at C5-6, C6-7, L4-5 and L5-S1, requiring future surgery, as well as soft tissue injuries.
Other Information
The verdict was reached approximately two years and three months after the case was filed. An arbitration held on April 30, 1997, before Mark Clinnin, resulted in an award of $11,565 to plaintiff. Plaintiff requested a trial de novo. Defendant's expert, Dr. McBride, testified that plaintiff's herniated discs resulted from the incident at the chiropractor's office in Las Vegas. The plaintiff has filed a motion requesting the award of pre-judgment interest ($42,793) and a motion for new trial, or, in the alternative, for an additur; a motion to vacate the judgment and enter a different judgment; and a motion to tax costs.
Deliberation
two days
Poll
10-2
Length
nine days
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