Maria Lizama v. David P. Girgis
Published: Nov. 23, 2004 | Result Date: Aug. 10, 2004 | Filing Date: Jan. 1, 1900 |Case number: SC077611 Verdict – $0
Judge
Court
L.A. Superior Beverly Hills
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Robert Rainey
(medical)
Ronald Rosso
(medical)
Defendant
Donald K. Miller
(technical)
Stanley P. Frileck
(medical)
Facts
Maria Lizama, a 46-year-old hotel housekeeper, was driving her 1993 Ford Escort on Lincoln Boulevard in Venice on June 24, 2002, when she was rear-ended by a Dodge Stealth driven by David Girgis. Lizama sued Girgis for negligence, claiming that Girgis failed to notice the pedestrians entering the roadway that caused Lizama to stop, and that he was the sole cause of the accident. Girgis claimed that Lizama made a sudden, unexpected stop, which caused the collision.
Settlement Discussions
The plaintiff demanded $50,000, lowered to C.C.P. Section 998 of $17,9999. The defendant made a C.C.P. Section 998 offer of $5,001.
Specials in Evidence
$9,000 $1,100 $8,000
Damages
Lizama asked the jury to award $75,000.
Injuries
Lizama contended that her automatic seat belt shoulder strap locked on impact, causing both of her silicon breast implants to burst as she was pinned against the seat. She also claimed soft-tissue injuries to her neck and upper back that required 10 weeks of chiropractic treatment and caused her to miss one month of work. Girgis contended that the two-week delay in onset of chest pain made causation by a seat belt trauma unlikely, and that the impact did not occur with enough force to have caused her injuries. Finally, he contended that Lizama was dissatisfied with her breast implants shortly after they were placed in 1999.
Deliberation
two hours
Poll
11-1 (for Lizama on negligence), 10-2 (for Girgis on causation and damages)
Length
five days
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