This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.

Personal Injury (Vehicular)
Automobile Accident
Negligence

Arthur Evans v. Raymond Penkert

Published: Sep. 14, 1996 | Result Date: Aug. 2, 1996 | Filing Date: Jan. 1, 1900 |

Case number: BC140663 –  $60,000

Judge

George P. Schiavelli

Court

L.A. Superior Central


Attorneys

Plaintiff

Richard LeBell Morgan


Defendant

Thomas Moore
(Office of the U.S. Attorney, Tax Division)


Experts

Plaintiff

Jacob E. Tauber M.D.
(medical)

Defendant

Phillip J. Kanter
(medical)

Facts

On March 5, 1995, plaintiff Arthur Evans, a 60-year-old security guard, was involved in an automobile accident with the defendant. The defendant admitted liability, but disputed the nature and extent of the plaintiff's claimed injuries. 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 $20,000. The defendant made a C.C.P. º998 offer of compromise for $11,500.

Specials in Evidence

$11,125 $5,600 $31,000

Injuries

The plaintiff alleged he sustained soft-tissue injuries to his neck and back and aggravation of a pre-existing arthritic condition at L4-5 and in his left knee. The plaintiff claimed that surgery was recommended for both regions.

Other Information

The verdict was reached approximately eight months after the case the filed. ARBITRATION: An arbitration was held on May 15, 1995 before Duncan D. Lee resulting in an award of $20,000 in favor of the plaintiff. The defendant requested a trial de novo.

Deliberation

4 hours

Poll

11-0

Length

4 days


#113915

For reprint rights or to order a copy of your photo:

Email jeremy@reprintpros.com for prices.
Direct dial: 949-702-5390