Confidential
Settlement – $100,000Judge
Court
L.A. Superior Long Beach
Attorneys
Plaintiff
Werner R. Meissner
(Meissner Law Firm PC)
Experts
Plaintiff
Richard S. Gluckman
(medical)
Harley Deere Jr.
(medical)
Facts
The plaintiff contended that on June 22, 1999, at the intersection of Broadway and Cerritos Avenue in Long
Beach, the defendant attempted a left turn from a stop sign and drove into the path of the plaintiffÆs vehicle
causing a broadside collision.
Settlement Discussions
The initial arbitration award was $25,000. The plaintiff then requested trial de novo and removed the case to Superior Court.
Specials in Evidence
In dispute. $2,090-$35,000
Injuries
Three days after the accident, the plaintiff began treatment with a chiropractor who diagnosed sprain and strain injuries to the cervical, thoracic and lumbar spine regions. He was later discharged from the chiropractorÆs care, and at a time when the medical expenses totaled approximately $2,090. The plaintiffÆs original attorney urged him to settle his claim for $6,000 and the defendantÆs insurer countered with an offer of $4,000. The plaintiff subsequently retained a second attorney. The plaintiff continued to have residual complaints of head, neck and back pain and experienced numbness and tingling in his upper extremities. He underwent a series of diagnostic tests and was deemed not to be a surgical candidate and epidural injections and further testing were recommended. In October 2000, the plaintiff was seen by Dr. Deere, a neurosurgeon who had previously performed a craniotomy on the plaintiff in the mid 1980Æs. Dr. Deere ordered a cervical myelogram and cervical CT-scan, which were abnormal at the C5-6 and C6-7 with impingement of the nerve roots and spinal cord. Dr. Deere recommended and performed cervical surgery at those levels which also required fusions. The plaintiff had undergone a prior cervical laminectomy in 1985 following an automobile accident. He suffered another neck and back injury in an automobile accident in 1986 that resulted in the craniotomy. He had also been involved in two further automobile accidents between 1986 and the date of the accident.
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