This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.

Personal Injury
Auto v. Truck
Rear-End Collision

Tiffany Cathel v. Christian Leigh Duncan

Published: Nov. 2, 2004 | Result Date: Aug. 9, 2004 | Filing Date: Jan. 1, 1900 |

Case number: 03C02918 Verdict –  $3,000

Judge

Stanford E. Reichert

Court

L.A. Superior


Attorneys

Plaintiff

Henry J. Matusek II


Defendant

Edward St. Germain


Experts

Plaintiff

Ralph N. Steiger
(medical)

Daphna Slonim
(medical)

Defendant

Michael J. Akerson
(technical)

Facts

On Aug. 16, 2001, the plaintiff Tiffany Cathel, a 32-year-old office assistant, was driving her 1990 Honda Accord north on Barranca Avenue in Covina, near the intersection with Cypress Street, when she was rear-ended by a 2000 Ford F-150 truck driven by the defendant. The plaintiff sued the defendant for negligence. The defendant argued that while driving behind the plaintiff, he glanced to his side momentarily and that when he looked back, the plaintiff had stopped at a light. The defendant admitted negligence but disputed the nature and the extent of the plaintiff's injuries.

Settlement Discussions

The case had gone to a non-binding arbitration and the arbitrator had awarded the plaintiff $11,500. The defense rejected the award and the case proceeded to trial. Prior to trial, the plaintiff had demanded $9,999 and the defendant had offered $2,000.

Specials in Evidence

$8,000 $8,000

Damages

$2,000

Injuries

The plaintiff was taken by ambulance to an emergency room. An examination revealed some paraspinal muscle tenderness. She was given a medical collar and pain medication and was discharged for follow up with her personal physician. The next day, her doctor sent her for a CT scan of her head which was read as having a probability of swelling in the left brain. The plaintiff was diagnosed with lumbar sprain with radiculitis, cervical sprain, post-traumatic stress disorder, panic disorder and swelling. She lost her job after her orthopedist gave her a two month off-work order.

Other Information

PLEASE PROVIDE THE NAME OF THE JUDGE ____________

Deliberation

six hours

Poll

12-0

Length

five days


#116725

For reprint rights or to order a copy of your photo:

Email jeremy@reprintpros.com for prices.
Direct dial: 949-702-5390