Donald B. Hessler v. Carol J. Rossler
Published: Apr. 4, 1998 | Result Date: Jan. 7, 1998 | Filing Date: Jan. 1, 1900 |Case number: 96CV2175 – $500
Judge
Court
Adams Superior
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Alan Weintraub
(medical)
Judy Lane
(medical)
Adrian Swenson
(medical)
Facts
On Nov. 12, 1994, plaintiff Donald Hessler, a 55-year-old manager, was at a stop when his vehicle was rear-ended by a vehicle operated by defendant Carol Rossler. The defendant claimed she pulled out of a parking lot and onto the roadway without seeing the plaintiff's vehicle. The defendant claimed she was traveling 10 to 15 mph at the time of impact. The defendant admitted liability, but disputed causation and plaintiff's damages. The plaintiff's vehicle did not have a head rest to prevent whiplash injury. The plaintiff brought this action against the defendant based on a negligence theory of recovery.
Settlement Discussions
The plaintiff made a pre-trial settlement demand for $23,000, and a demand of $25,000 during trial. The defendant made a final settlement offer of $2,000.
Injuries
The plaintiff claimed he suffered cervical strain and sprain and occipital neuralgia (chronic, severe headaches). The plaintiff claimed a permanent disability as a result of headaches and alleged that the headaches caused distraction and cognitive deficits. He also alleged pain adjustment disorder and depression.
Other Information
The verdict was reached approximately one year and four months after the case was filed. A settlement conference was held in December 1997, resulting in no settlement.
Deliberation
three hours
Poll
_________ (#s pls.)
Length
two days
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