Maridalia Chepi-Nolasco and Anastasia Gregorio Arce v. Vinessa Elizabeth Shaw, Kristopher Gifford, and Does 1 to 50
Published: Feb. 25, 2017 | Result Date: Dec. 16, 2016 | Filing Date: Jan. 1, 1900 |Case number: BC559679 Verdict – $19,876
Court
L.A. Superior Central
Attorneys
Plaintiff
David Z. Sohn
(Brad Lee APLC)
Brad H. Lee
(Brad Lee APLC)
Defendant
Courtney D. Flannery
(Mark R. Weiner & Associates)
Facts
Maridalia Chepi-Nolasco and Anastasia Arce sued Vinessa Shaw and Kristopher Gifford, in connection with a motor vehicle collision with a pedestrian that allegedly occurred on Nov. 6, 2013 at 7 a.m.
Contentions
PLAINTIFFS' CONTENTIONS:
Plaintiffs were walking along a crosswalk when they were struck by a sedan being operated by defendant Shaw. Shaw was allegedly making a left turn when the collision occurred. Plaintiffs sustained injuries as a result and sued Shaw and her husband for negligence and vicarious liability. Shaw allegedly failed to yield the right of way, causing the accident.
DEFENDANTS' CONTENTIONS:
Shaw claimed plaintiffs failed to maintain a proper lookout. Shaw also disputed plaintiff's claimed damages.
Settlement Discussions
Arce made a CCP 998 demand of $99,999 while Chepi-Nolasco made a CCP 998 demand of $24,999. Shaw made a CCP 998 offer of $27,501 to Arce and $14,001 to Chepi-Nolasco.
Damages
Arce sought $654,916 in total damages, including $95,000 in past lost earnings; $304,044 in past medical expenses; and more than $250,000 in pain and suffering. Chepi sought $22,438 in total damages, including $6,938 in past medical expenses; $500 in past lost earnings; and $15,000 in past pain and suffering.
Injuries
Arce sustained disc herniations on her spine, a hip contusion, and pain that radiated from her lower back to her legs. She also suffered from diabetic shock. She treated her back condition with chiropractic care and injections. Ultimately, she underwent a discectomy in 2016. Chepi-Nolasco injured her neck and back, which she treated with chiropractic care.
Result
Gifford was ultimately let out of the case and the matter continued against Shaw only. The jury rendered a verdict in favor of the pedestrians and determined their damages totaled $19,876, including $14,548 for Arce and $5,328 for Chepi-Nolasco.
Other Information
FILING DATE: Oct. 3, 2014.
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