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Personal Injury (Vehicular)
Truck Accident
Rear End Collision

Michelle Johnson, et al. v. Alberto Ramos; Ralphs Grocery Company, et al.

Published: Jun. 3, 1995 | Result Date: Mar. 24, 1995 | Filing Date: Jan. 1, 1900 |

Case number: VC014930 –  $135,016

Judge

Charles Frisco

Court

L.A. Superior Norwalk


Attorneys

Plaintiff

John Fitle

Thomas P. Allen III


Defendant

Brian W. Aherne


Experts

Plaintiff

Robert Brae
(medical)

Darryl R. Zengler M.A.
(technical)

Joe Horrigan
(medical)

Defendant

Frederic G. Nicola M.D.
(medical)

Facts

On November 30, 1993, 3 Plaintiffs were traveling together in a utility vehicle during the early morning rush hour traffic on the westbound 91 Freeway near the 605. The Plaintiffs were Keri Jemesen, a 26-year-old flight attendant; Michelle Johnson, a 28-year-old marketing researcher; and Stuart Jemesen, a 29-year-old volleyball player. Defendant Alberto Ramos was driving a tractor/trailer rig owned by Defendant Ralph's Grocery Company. The tractor/trailer rig struck the vehicle in a low-speed rear end collision. Property damage to Plaintiffs' vehicle was $1,300.

Settlement Discussions

Defendants Ralphs and Rams contend they offered $7,500 to each Plaintiff before trial, increased to a total package of $175,000 during trial; and Cross-defendants Jemesen and Johnson served Cross-complainants with a 998 offer for a waiver of costs, pretrial (offer rejected).

Specials in Evidence

$11,700 (Keri Jemesen) $52,500 (Michelle Johnson) $69,250 (Stuart Jemesen) $20,000 (Michelle Johnson) $5,000,000 (Stuart Jemesen $790,000 to $1,100,000 (Stuart Jemesen)

Injuries

Keri Memesen: soft tissue neck and back requiring physical therapy. Michelle Johnson: herniated L4-5 disc requiring surgery. Stuart Jemesen: herniated L4-5 disc requiring surgery; this Plaintiff claimed permanent disability from his career as a volleyball player.

Other Information

The Court issued an order of additur for $1,700 to Keri Jemesen and $14,000 to Stuart Jemesen. Cross-defendants were awarded $12,690 in costs and expert witness fees following the defense verdict on the Cross-complaint.

Deliberation

3 days

Poll

10-2

Length

12 days


#116646

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