Alicia Belteton v. Darian Ellen Robin
Published: Nov. 24, 2012 | Result Date: Oct. 30, 2012 | Filing Date: Jan. 1, 1900 |Case number: SC113657 Verdict – Defense
Court
L.A. Superior Santa Monica
Attorneys
Plaintiff
Defendant
Robert S. Shepard
(Mark R. Weiner & Associates)
Experts
Defendant
Ronald E. Glousman
(medical)
Facts
On Dec. 16, 2009, at 7:30 p.m., defendant Darian E. Robin was reversing her car into a parallel parking space on Bedford Drive near Brighton Way in Beverly Hills. Plaintiff Alicia Belteton, 50, was a pedestrian who was crossing the street mid-block (jaywalking) and struck the rear of defendant's car, falling to the ground. Plaintiff was transported by ambulance to the Cedars-Sinai Medical Center where she was hospitalized for two nights.
Contentions
PLAINTIFF'S CONTENTIONS:
Plaintiff claimed that Defendant was inattentive while reversing her car.
DEFENDANT'S CONTENTIONS:
Defense orthopedic expert Ronald Glousman, M.D., testified that Plaintiff was excessively treated and billed at Cedars-Sinai Medical Center, and none of the diagnostics performed during her stay at the hospital revealed any sort of injury.
Defendant cross-examined Plaintiff with evidence of four other injury claims she made in 2009 for which she retained four separate attorneys, and filed four separate lawsuits. With this claim making the fifth injury suit filed by Plaintiff for a 2009 loss, it was apparent to the jury that Plaintiff was a serial claimant who seemed to be engaging in fraud.
Defendant argued to the jury that Plaintiff likely waited for it to get dark out, then she snuck up next to Defendant's slow moving car, slapped it on the side, then dropped herself to the pavement, feigning injury.
Settlement Discussions
Defendant offered a waiver of costs. Plaintiff never made a demand.
Specials in Evidence
$34,265
Injuries
Plaintiff alleged unspecified pain to the neck, lower back, left hip, abdomen, and headaches.
Result
Defense verdict.
Other Information
No appeal of an expedited jury trial verdict. FILING DATE: Aug. 3, 2011.
Deliberation
10 minutes.
Length
one day
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