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Personal Injury (Vehicular)
Automobile Accident
Rear End Collision

Raymond Acosta v. David Rutledge, et al.

Published: Sep. 30, 1995 | Result Date: Sep. 11, 1995 | Filing Date: Jan. 1, 1900 |

Case number: 728219 –  $50,000

Judge

Floyd Schenk

Court

Orange Superior


Attorneys

Plaintiff

Barry S. Zelner
(Zelner & Karpel)


Defendant

James M. McKanna


Experts

Plaintiff

Michael J. Einbund M.D.
(medical)

Martin Cooper M.D.
(medical)

Defendant

Chadwick E. Smith
(medical)

Facts

On June 21, 1993, Defendant David Rutledge was driving a 1985 Ford Tiempo at approximately 5 to 10 mph when it struck a 1990 Acura in a rear end collision. Plaintiff Raymond Acosta, a 42-year-old unemployed man, was a rear-seat passenger in the Acura and was wearing a seat belt.

Settlement Discussions

Defendant contends he offered $85,000 and Plaintiff demanded $135,000.

Specials in Evidence

$15,000 not claimed $20,000 (per Plaintiff), $50,000 (per Defendant)

Injuries

Plaintiff claimed C5-7 disc herniations, radiculopathy in the arms, requiring future two-level fusion surgery (a recommendation made in March of 1994); and low back pain and discomfort requiring physical therapy.

Other Information

This case was filed on April 14, 1994; one year and five months prior to this result.

Deliberation

4 hours

Poll

10-2

Length

8 days


#116946

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