Altagracia Cornejo v. Danian Castilla, Karl Avery
Published: Jan. 19, 2005 | Result Date: Oct. 1, 2004 | Filing Date: Jan. 1, 1900 |Case number: VC039936 Verdict – $98,091
Judge
Court
L.A. Superior Norwalk
Attorneys
Plaintiff
Defendant
Glenn K. Pohl
(McCarthy & Beavers)
Experts
Plaintiff
Khalid Bashir Ahmed
(medical)
Rick L. Carpenter
(technical)
Joel Gutierrez
(medical)
Defendant
Stephen L.G. Rothman M.D.
(medical)
Stewart L. Shanfield
(medical)
Facts
The plaintiff's car became disabled and she pulled completely off the freeway onto the right shoulder of the 605 freeway. She was standing in front of her disabled car looking into the engine compartment when the car was struck by the defendant's bobtail delivery truck. She fell into the engine compartment and the hood closed or partially closed on top of her as her car was pushed forward 150 feet before coming to a stop.
Settlement Discussions
The plaintiff demanded $90,000 at mediation, and then made a statutory demand of $70,000. The defendant offered $25,000. After the plaintiff underwent surgery, the lowest demand was $215,000. The defendants made a statutory offer of $87,501.
Specials in Evidence
$73,000 $40,000 $12,000 $50,000 to $60,000
Damages
The plaintiff asked the jury to award $255,000 plus in economic and non-economic injuries.
Injuries
Right knee arthroscopic surgery required; meniscus and chondromalacia of both knees and initially the possibility of lumbar diskectomy for a herniated disc; neck, back and knee injuries. The defendant contended that the plaintiff's injuries were soft tissue and that no surgery was needed and that the plaintiff's medical costs were excessive, unnecessary and unreasonable.
Result
20 per cent plaintiff's comparative fault.
Other Information
Each side claimed it was the prevailing party. The plaintiff sought $24,000 in costs and the defendants, $12,000 in costs and fees. Both parties moved to tax and to strike the other's costs. The jury found 20 percent liability on plaintiff. The motions to tax and strike have already been heard on Dec. 9 and Judge Simpson found that plaintiff was the prevailing party; he awarded the plaintiff approximately $14,000 in costs, fees and prejudgment interest.
Deliberation
three hours
Poll
12-0 (liability), 9-3 (damages and comparative fault)
Length
eight days
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