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Torts
Fraud
Negligent Misrepresentation

Hattie Fishburne v. Adrin Davis, et al.

Published: Jul. 9, 2011 | Result Date: Jun. 10, 2011 | Filing Date: Jan. 1, 1900 |

Case number: BC417582 Verdict –  Defense

Court

L.A. Superior Central


Attorneys

Plaintiff

Meighan A. Cardenas


Defendant

John D. Edson
(Sheppard, Mullin, Richter & Hampton LLP)

Anthony T. Case
(Case, Harvey & Fedor)


Experts

Plaintiff

Hyman Milstein
(medical)

Defendant

Robert M. Wilson M.D.
(medical)

Facts

In July 2007, plaintiff Hattie Fishburne, the mother of actor Laurence Fishburne, was in an automobile accident with defendant Adrin Davis. Plaintiff claimed that Davis and his carrier, Infinity Insurance Company, fraudulently induced her into accepting a $15,000 settlement for a claim that was worth $250,000 by concealing Davis' real estate assets.

Contentions

PLAINTIFF'S CONTENTIONS:
Plaintiff claimed that she was forced to retire as a school teacher because of her injuries from the accident. She claimed that she was induced by the false statements to give up her right to sue.

DEFENDANTS' CONTENTIONS:
Defendants acknowledge that they gave plaintiff a sworn declaration with false information, but they claimed that it was not intentional. Defendants also claimed that plaintiff's damages were inflated.

Settlement Discussions

Plaintiff demanded payment of $250,000 in settlement monies prior to trial. Defendants made separate CCP 998 offers to settle in exchange for waiver of costs.

Damages

Plaintiff sought a judgment against Infinity and Davis for $250,000 for lost wages and medical bills. She also sought $80,000 for alleged pain and suffering.

Result

Complete defense verdicts for Infinity and Davis.

Length

five days


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