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Personal Injury
Auto v. Pedestrian

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

Jesse L. Halpern


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


#115252

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