Micaela Long v. Rowena Hilton
Published: Nov. 23, 2004 | Result Date: Jul. 15, 2004 | Filing Date: Jan. 1, 1900 |Case number: RIC054258 Verdict – $0
Judge
Court
Riverside Superior
Attorneys
Plaintiff
Defendant
Jay S. McClaugherty
(McClaugherty & Associates)
Experts
Plaintiff
Anthony Young
(medical)
Khalid Bashir Ahmed
(medical)
Defendant
Gary L. Painter
(medical)
Stephen L.G. Rothman M.D.
(medical)
P. Douglas Kiester M.D.
(technical)
Facts
On Jan. 15, 2002, at 7:30 p.m., the plaintiff, age 45, was driving her 1995 Aerostar van northbound at the intersection of Hancock Avenue and Las Brisas Street in the City of Murrieta at 40 to 45 mph. She stated that she approached the intersection with Las Brisas and the defendant's vehicle made a left turn from southbound Hancock to eastbound Las Brisas, directly in front of the path of the plaintiff's vehicle. The defendant was traveling southbound on Hancock in her 1991 Honda Civic. She stated that the light turned green to turn left, and she proceeded to make a left turn from the left-hand lane and was almost through the intersection when the plaintiff's vehicle struck her vehicle's passenger side. She admitted in her recorded statement that she should have yielded to the plaintiff.
Settlement Discussions
The plaintiff asked for $120,000 in special damages and, at trial, additional money for pain and suffering. The defendant made a C.C.P. Section 998 offer of $40,000 prior to trial which the plaintiff rejected.
Specials in Evidence
$133,000
Injuries
The plaintiff claimed for a future back surgery which was the result of the accident. The defendant contended that the back surgery was needed due to a prior compression fracture in her back.
Result
The arbitration award was $10,126, which the defendant would have paid but the plaintiff filed a request for trial de novo.
Other Information
Notwithstanding the medical costs of $133,000, defense counsel have stated that the plaintiff did not miss one single day of work after the accident as a carrier and deliverer of newspapers.
Deliberation
three hours
Poll
12-0
Length
four days
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