Jose Meza v. David Mills II
Published: Jan. 11, 2005 | Result Date: Nov. 3, 2004 | Filing Date: Jan. 1, 1900 |Case number: KC042711 Verdict – $20,000
Judge
Court
L.A. Superior Pomona
Attorneys
Plaintiff
Defendant
Robert S. Shepard
(Mark R. Weiner & Associates)
Experts
Plaintiff
Khalid Bashir Ahmed
(medical)
Defendant
Gary L. Painter
(medical)
Facts
On Sep. 13, 2002, at approximately 6 p.m. on Valley Boulevard in Walnut, the defendant rear-ended the plaintiff's slowing vehicle and pushed it into the rear of the truck ahead at approximately 45 mph. The defendant's Dodge Ram truck sustained heavy front-end damage, while the plaintiff's Chevy Tahoe sustained a blown out rear window and airbag deployment. The plaintiff was a 26-year-old technician at an optical display company.
Settlement Discussions
The defense made a C.C.P. Section 998 offer of $8,000. The plaintiff offered to settle at $25,000.
Specials in Evidence
$9,700 $21,000 $30,000
Damages
Property damage of $9,800.
Injuries
The plaintiff suffered soft tissue injuries to the neck, mid and lower back. The plaintiff was seen by an orthopedist who referred to a chiropractic clinic where he received extensive therapy. No injury was seen on either x-rays or MRI. The plaintiff had not been treated for over a year by the time of the trial but still complained of the injuries.
Result
$14,575 in past medicals and wages and $5,425 for pain and suffering.
Other Information
The plaintiff will submit a costs memorandum. The defendant will file a request for new trial.
Deliberation
one hour
Poll
12-0 (defendant's negligence), 10-2 (past medicals and lost wages), 9-3 (future medicals), 11-1 (past pain and suffering), 0-12 (future pain and suffering)
Length
three days
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