Wendell Veith and Barbara Veith v. Michael Laurance, et al.
Published: Apr. 6, 1996 | Result Date: Mar. 7, 1996 | Filing Date: Jan. 1, 1900 |Case number: I69990 – $0
Judge
Court
Riverside Superior
Attorneys
Plaintiff
Defendant
Raymond E. Brown
(Aguilera Law Group APLC)
Experts
Plaintiff
David Neumann
(medical)
Vincent P. Picchione
(medical)
Defendant
John G. Perry
(technical)
Joseph P. Klein
(medical)
Facts
On August 28, 1992, the plaintiff Barbara Veith, a 55-year-old homemaker, was a passenger in a vehicle being operated by her plaintiff husband, Wendell Veith. The plaintiffs were traveling approximately 30 to 35 mph in the outside southbound lane of Sunrise Way approaching the intersection of Sunrise Way and Chia Road. The defendant, Michael Laurance, had stopped his van northound in the left turn lane at the unmarked intersection of Sunrise Way and Chia Road. After signalling and observing no oncoming traffic, the defendant began his turn. Upon seeing the plaintiffs' vehicle, the defendant sped up to get through the intersection. The plaintiffs' vehicle collided with the right rear of the defendant's vehicle. The plaintiff, Barbara Veith, who was not wearing her seatbelt at the time of the accident, struck her right knee on the glove compartment. The plaintiff, Barbara Veith, brought this action against the defendants, driver (Michael Lawrence) and owner/employer (Gibbs Construction), based on a negligence theory of recovery. The plaintiff husband, Wendell Veith, brought a loss of consortium action against the defendants.
Settlement Discussions
The plaintiffs made a settlement demand before trial for approximately $70,000. The defendants made a C.C.P. º998 offer of compromise for $20,000 on Barbara Veith and a second offer of compromise on Wendell Veith for a waiver of costs.
Damages
The plaintiff husband claimed loss of consortium for having to assume some of the household responsibilities and chores due to his wife's alleged injuries.
Injuries
The plaintiff, Barbara Veith, alleged that she sutained neck and back sprain/strain and injuries to her knees requiring left knee arthroscopy and future total joint replacements for both knees as a result of the accident.
Other Information
The verdict was reached approximately two years and eight months after the case was filed. An arbitration was held on April 12, 1995, before Byron G. Cornelius resulting in an award in favor of plaintiffs, $49,500 to Barbara Veith and $5,400 to Wendell Veith. The defendants requested a trial de novo. The plaintiffs brought motions for new trial and for judgment notwithstanding the verdict.
Deliberation
2 1/2 hours
Poll
9-3
Length
6 days
For reprint rights or to order a copy of your photo:
Email
jeremy@reprintpros.com
for prices.
Direct dial: 949-702-5390