Richard Norton v. Tokio Marine and Fire Insurance
Published: Oct. 8, 2005 | Result Date: Aug. 25, 2005 | Filing Date: Jan. 1, 1900 |Case number: DUM0003021 Arbitration – $633,381
Court
Case Not Filed
Attorneys
Plaintiff
Defendant
Jeffrey H. Baraban
(Baraban & Teske)
Experts
Plaintiff
Peter Formuzis Ph.D.
(technical)
Gary Chang
(medical)
Gene Bruno M.S., C.R.C., C.C.M., C.D.M.S.
(technical)
Stuart M. Gold
(medical)
Defendant
Milton E. Legome M.D.
(medical)
Heidi Paul Ph.D.
(technical)
Facts
On June 9, 2000, Richard Norton, 53, was broadsided by another vehicle as he was driving through an intersection in Torrance. Norton, who suffered injuries, sued the driver of the other vehicle and settled with him for his $30,000 policy. Norton also sued Tokio Marine Insurance which was his own underinsured motorist carrier. The defense contended that the plaintiff would not require the kind of future surgeries he claimed would be necessary for his injuries. The defense argued that the plaintiff would be able to return to work and there would be no impact on his future earning capacity.
Specials in Evidence
The plaintiff requested $79,000
Injuries
Immediately following the accident, the plaintiff claimed he suffered from shoulder pain for which he underwent acromioclavicular joint surgery, as well as therapy. Thereafter, the plaintiff claimed neck pain and one year later, the plaintiff claimed knee pain and stiffness. The plaintiff underwent epidural injections for cervical radiculopathy and knee surgery. The plaintiff's physician testified that the plaintiff would require future cervical and knee surgeries. The plaintiff claimed that the extent of his injuries and medication (Neurontin) caused him to lose his ability to concentrate and led to the loss of his job as a supervisor for an automobile dealership.
Result
The arbitrator, Peter J. Searle of Judicate West, found in favor of the plaintiff. The defense claims the award will be reduced by $140,844 for benefits already paid, resulting in a net award to the plaintiff of $492,537.
Other Information
The arbitrator, Peter J. Searle of Judicate West, found in favor of the plaintiff. According to the defense, the award will be reduced by $140,844 for benefits already paid.
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