Jose Antonio Perez v. Liliana Kiesselbach
Published: Apr. 27, 1996 | Result Date: Mar. 20, 1996 | Filing Date: Jan. 1, 1900 |Case number: 94C03644 – -$1
Judge
Court
L.A. Municipal Downey JD
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Alfonso Santiago
(medical)
Defendant
Alison M. Busenga
(technical)
Facts
On March 26, 1994, the plaintiff Jose Perez, a 23-year-old laundry and dye worker, was a passenger in a vehicle which was rear ended by a vehicle operated by the defendant, Liliana Kiesselbach. The impact was low speed. The defendant contended that approximately 15 to 20 seconds before the accident occurred, a car changed lanes in front of her. The vehicle in which the plaintiff was a passenger, then changed lanes in front of the defendant's vehicle and behind the third car. The defendant alleged that the third car made a quick right turn (within seconds) and the plaintiff's vehicle then came to a sudden stop. The defendant's vehicle struck the plaintiff's car from the rear. The plaintiff brought this action against the defendant based on negligence theories of recovery.
Settlement Discussions
The plaintiff made a C.C.P. º998 settlement demand for $9,500. The defendant made no settlement offer.
Specials in Evidence
$2,500 $380
Injuries
The plaintiff alleged that he sustained soft tissue injuries to his neck as a result of the accident.
Other Information
The verdict was reached approximately one year and four months after the case was filed. An arbitration was held on December 19, 1995, before Sidney Mendlovitz resulting in an award of $4,750 for the plaintiff. The driver of the car that the plaintiff was riding in was formerly a plaintiff but dismissed himself out (not pursuant to settlement). The jury only determined that the defendant was not negligent and, therefore, did not answer whether there was any contributory negligence upon the plaintiff or comparative negligence on any other persons.
Deliberation
1 hour
Poll
10-2
Length
2 days
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