Dennis W. Coon v. Geo Lizaola, et al.
Published: Oct. 12, 1996 | Result Date: Jul. 19, 1996 | Filing Date: Jan. 1, 1900 |Case number: BC113675 – $57,000
Judge
Court
L.A. Superior Central
Attorneys
Plaintiff
Daniel T. Pierson
(Law Offices of Daniel T. Pierson)
David Hoffman
(David Hoffman APC)
Defendant
Experts
Plaintiff
S. Andrew Schwartz M.D.
(medical)
Defendant
Al Scates
(technical)
Jack L. Vandernoot
(medical)
Facts
On Feb. 28, 1994, at approximately 8 a.m., Los Angeles County Metropolitan Transportation Authority's (MTA) bus driven by defendant George Albert Lizaola rear-ended a small pick-up truck operated by plaintiff Dennis Coon, a 27-year-old Minolta business equipment salesperson. The vehicles were traveling on the eastbound I-10 freeway near the Robertson Blvd. exit. The plaintiff's vehicle had been stopped in traffic. The force of the impact caused the plaintiff's vehicle to be thrust into three automobiles in front of him, causing a chain reaction accident. The plaintiff claimed his vehicle was a total loss. At the time of the accident, the defendant bus driver had completed his shift and was going back to the bus station. Defendant MTA admitted the accident occurred in the course and scope of the defendant driver's employment. The plaintiff was a part-time amateur beach volleyball player, which the plaintiff claimed was the reason he came to Los Angeles from Texas in 1993. The plaintiff brought this action against the defendants, the bus driver and MTA, based on negligence and respondeat superior theories of recovery.
Settlement Discussions
The plaintiff made a C.C.P. º998 settlement demand for $16,500, raised to $75,000. The defendants made a C.C.P. º998 offer of compromise for $25,000 one month before trial.
Specials in Evidence
$7,500 $3,500 (lost sales commissions) $15,000
Injuries
The plaintiff alleged he sustained soft tissue neck injuries and low-back pain, which resolved except for cervical rotation on the left side, which was minimal. The plaintiff also alleged he suffered continued shoulder pain from impingement syndrome of the supraspinatus tendon, for which surgery was recommended, but had not yet been performed.
Other Information
The verdict was reached approximately one year and four months after the case was filed. SETTLEMENT CONFERENCE: A settlement conference was held on April 16, 1996 before Judge Bonnie Lee Martin, retired, of JAMS/Endispute. It did not resolve the matter. POST TRIAL MOTIONS: The plaintiff is bringing a motion for attorney's fees and costs under Code of Civil Procedure ºº2023 and 2033 for the defendants' denial of liability until trial.
Deliberation
+ day
Poll
11-1 (liability only)
Length
5 days
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