DOE, as Guardian Ad Litem for Christine Rochester v. Laidlaw Transit, Inc.
Published: Apr. 11, 1998 | Result Date: Jan. 28, 1998 | Filing Date: Jan. 1, 1900 |Case number: NC015659 Verdict – $35,000
Judge
Court
L.A. Superior Long Beach
Attorneys
Plaintiff
Defendant
Terry Porvin
(Raffalow, Bretoi, Lutz & Stele)
Experts
Plaintiff
James V. Bonura
(medical)
K.C. Salkinger
(medical)
Alison M. Busenga
(technical)
Dennis D. Revere
(medical)
Defendant
Garry S. Brody
(medical)
Wes Pabst
(technical)
Orm Aniline
(medical)
Facts
On Dec. 14, 1993, at 1:40 p.m., Ivory Leon Phillips was operating a school van, in the rain, within the course and scope of his employment with defendant Laidlaw Transit Inc. Phillips made a left turn from westbound Del Amo Boulevard to southbound Bentree Avenue across two stopped lanes of traffic when he was struck by a 1993 Nissan Sentra operated by Cynthia Rochester in the No. 3 lane of eastbound Del Amo Boulevard. The right front seat passenger, plaintiff Christine Rochester, a minor, was injured as a result of the collision. The claim of Cynthia Rochester was settled through judicial arbitration. The plaintiff brought this action against the defendant based on a negligence theory of recovery.
Settlement Discussions
The plaintiff demanded $90,000 at mediation with Judge Robert E. Einstein. The plaintiff made C.C.P. º998 offers for $90,000 and $200,000 at the mandatory settlement conference (MSC) with Judge Joseph E. DiLoreto on the eve of trial. The plaintiff requested $400,000 from the jury. The defendant offered to settle for the $45,000 arbitration award. The defendant offered $70,000 at mediation, and made a C.C.P. º998 offer for $70,000, increased to $80,000 at the MSC. Per plaintiff, the defendant's offers were based on comparative fault.
Specials in Evidence
$9,500 (reasonableness and necessity of psychological treatment disputed) $20,000 (for future scar revision surgery, reasonableness and necessity disputed). Per defendant, future MEDS, $5,500 (for scar revision surgery)
Injuries
The plaintiff suffered multiple, permanent facial scars, and alleged severe emotional distress and soft tissue neck and back injuries. The plaintiff claimed she was teased on a daily basis about her scar by other school children. The plaintiff underwent emergency room care. She also had chiropractic treatment shortly after the accident and psychological treatment two years post-accident. The plaintiff also alleged she suffered neck pain and headaches.
Result
WE NEED THE EXPERTISE AND CITY OF LOCALE OF K.C. Salkinger __________________ and James V. Burnera _______________.
Other Information
The verdict was reached approximately three years and two months after the case was filed. ARBITRATION: An arbitration was held on April 1, 1996, before Judge D. Sterry Fagan, resulting in an award of $45,000 to plaintiff. The plaintiff filed a trial de novo. POST-TRIAL MOTIONS: Pursuant to C.C.P. ºº1141.21 and 998, the defendant filed a Memorandum of Costs for $28,809.30 which was taxed to $8,512.25. The plaintiff's motion for a new trial based on inadequacy of damages was denied.
Deliberation
one day
Poll
12-0
Length
11 days
For reprint rights or to order a copy of your photo:
Email
jeremy@reprintpros.com
for prices.
Direct dial: 949-702-5390