Debra Franklin v. Zahavah Levine
Published: Jun. 7, 2005 | Result Date: Mar. 17, 2005 | Filing Date: Jan. 1, 1900 |Case number: RGO3122139 Verdict – $27,599
Judge
Court
Alameda Superior
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
John J. Lavorgna
(medical)
Edward Diao
(medical)
Defendant
Darrell W. Hayes
(medical)
Facts
In July 2001, the plaintiff was involved in a work-related motor vehicle accident and had been off work on workers' compensation disability since that time. On Oct. 18, 2002, the plaintiff was traveling eastbound on 16th Street in San Francisco. She stopped and was intending to turn left into a shopping center parking lot when her Toyota Tercel was hit from behind. The plaintiff's Tercel sustained $2,762 in damage. The defendant, driving another Tercel, admitted that she had been traveling between 10 and 15 mph just prior to the impact.
Settlement Discussions
The plaintiff rejected the defendant's C.C.P. Section 998 offer of $1,500. The defendant rejected the plaintiff's $17,499 C.C.P. Section 998 demand, inclusive of the workers' compensation lien.
Specials in Evidence
The plaintiff and the defendant stipulated that $12,599 in medical expenses were paid by the workers' compensation insurer following the October 18, 2002 accident. However, the defendant claimed that the medical treatment was unrelated to the October 18, 2002 accident.
Damages
The plaintiff and the defendant stipulated that $12,599 in medical expenses were paid by the workers' compensation insurer following the Oct. 18 accident. However, the defendant claimed that the medical treatment was unrelated to the Oct. 18 accident.
Injuries
The plaintiff was diagnosed with cervical, lumbar and left shoulder sprain on Oct. 22, 2002. She was later diagnosed with left shoulder derangement with impingement and minimal rotator cuff arthrosis and underwent arthroscopic left shoulder surgery on April 21, 2003. The defendant contended that the Oct. 18 accident caused a minor self-limiting aggravation of her industrial left shoulder injury and that the left shoulder surgery was unrelated to the Oct. 18 accident. The defendant relied heavily on the plaintiff's receiving the first of three Cortisone injections in her left shoulder four days prior to the Oct. 18 accident. The plaintiff claimed that but for the Oct. 18 accident, she would likely have avoided left shoulder surgery.
Result
$27,599 including $12,599 in past medical expenses and $15,000 in general damages, plus C.C.P. Section 998 costs to the plaintiff.
Deliberation
three hours
Length
four days
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