DeLeon v. Bournemann
Published: Oct. 19, 2004 | Result Date: Mar. 26, 2004 | Filing Date: Jan. 1, 1900 |Case number: BCVBS06921 Verdict – $33,905
Judge
Court
San Bernardino Superior
Attorneys
Plaintiff
Defendant
Experts
Defendant
Roy L. Herndon
(medical)
B. Anwar
(medical)
Facts
The plaintiffs, Emiliano and Aurora DeLeon were on their way to Las Vegas when they were rear ended at between 25 and 40 mph in a freeway construction near Barstow. Their Toyota SUV sustained over $11,000 in damage but was driven from Barstow to Las Vegas and then back to their home in Torrance without any problems. Both plaintiffs were seen in the emergency room in Barstow and later drove to Las Vegas. The next morning, Aurora DeLeon complained of rectal bleeding and was later taken to the emergency room for examination. While there, her bleeding increased so significantly that she was placed in ICU and observed for three days. She had no other bleeding incidents and had no history of rectal bleeding.
Settlement Discussions
Emiliano DeLeon, with a significant history of degenerative cervical spine, settled prior to trial for $10,000. Aurora DeLeon demanded $100,000 but indicated she might take $65,000. The defendant offered $25,000 (C.C.P. Section 998).
Injuries
Both plaintiffs, in their late sixties, suffered soft-tissue neck and upper back injuries. Aurora claimed that her rectal bleeding, which almost killed her and required her to be hospitalized for three days, was caused by the accident.
Deliberation
four hours
Length
five days
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