Jill DeWeese v. Nina Lee, Jannie Fu Jen Huang Lau
Published: Aug. 1, 2015 | Result Date: Mar. 9, 2015 | Filing Date: Jan. 1, 1900 |Case number: 30-2013-00632104 Verdict – $502,668
Court
Orange Superior
Attorneys
Plaintiff
James R. Traut
(Traut Firm)
Defendant
Juan Carlos Delgado
(Ford, Walker, Haggerty & Behar)
Scott L. MacDonald
(Macdonald & Cody LLP)
Experts
Plaintiff
Catherine M. Graves MBA
(technical)
Wei W. Kwok
(medical)
Duncan Q. McBride
(medical)
Defendant
Michael P. Weinstein M.D.
(medical)
Facts
On Feb. 14, 2012, plaintiff Jill DeWeese, then 47, was rear-ended by defendant Nina Lee. On Nov. 19, 2012, plaintiff was again rear-ended, this time by defendant Jannie Fu Jen Huang Lau.
Contentions
PLAINTIFF'S CONTENTIONS:
Plaintiff claimed that the collision impact on Feb. 14 caused cervical disc damage, which required surgery on Nov. 18, 2014. Plaintiff also claimed that the collision with Lau increased symptoms for two weeks.
DEFENDANT'S CONTENTIONS:
Both defendants denied causing any cervical disc damage to plaintiff.
Lee claimed that the surgery was unnecessary and disputed the cause and the amount of plaintiff's alleged lost earnings as a high school music instructor.
Settlement Discussions
Plaintiff made a CCP 998 demand of $100,000 policy limits to Lee. Plaintiff submitted no settlement demand to Lau, however, Lau made a CCP 998 offer of $5,000, which was not accepted.
Result
Verdict against Lee for $502,668. The court awarded plaintiff costs and prejudgment interest of $90,006, for a total judgment of $592,674 against Lee. Defense verdict for Lau. The court awarded Lau costs of $14,834 against plaintiff.
Other Information
INSURER: Geico insured Lee. State Farm insured Lau.
Length
five days
For reprint rights or to order a copy of your photo:
Email
jeremy@reprintpros.com
for prices.
Direct dial: 949-702-5390