Mid Century Insurance Company v. Brian Gardiner, Juan Juarez
Published: May 17, 2005 | Result Date: Dec. 2, 2004 | Filing Date: Jan. 1, 1900 |Case number: 409639 Verdict – $0
Judge
Court
San Francisco Superior
Attorneys
Plaintiff
Michael G. Descalso
(Lewis, Brisbois, Bisgaard & Smith)
Defendant
Experts
Plaintiff
Lester B. Carlos
(medical)
Eduardo Lin
(medical)
Defendant
Peter C. Cassini M.D.
(medical)
Facts
In July 2002, Jonathan Wilcox was a passenger with two others in a Dodge Stratus as it traveled westbound on the Bay Bridge in early morning rush hour traffic. Juan Juarez, who was driving a large commercial refrigerated van, rear-ended the Dodge as it was stopped for traffic. Wilcox suffered soft-tissue and spinal injuries. Mid-Century Insurance Company covered his workers' compensation claim. It then sued Juarez and his business partner, Brian Gardiner, for reimbursement. Mid-Century contended that it paid approximately $60,000 for medical and disability payments and was now entitled to recovery of these benefits.
Settlement Discussions
The plaintiff demanded $65,000 and the defendants offered $20,000 at the mandatory settlement conference.
Injuries
Wilcox suffered a cervical strain, a lumbar disc injury and soft tissue damage. He received chiropractic treatment and injections for pain.
Result
Defense
Deliberation
2.5 hours
Poll
10-2
Length
four days
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