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Personal Injury
Auto v. Truck
Rear-End Collision

John G. Waikle v. Dang Diep

Published: Mar. 7, 2015 | Result Date: Sep. 11, 2014 | Filing Date: Jan. 1, 1900 |

Case number: SC118764 Verdict –  $1,020,000

Court

L.A. Superior Van Nuys


Attorneys

Plaintiff

Gary A. Dordick
(Dordick Law Corporation)

Jeffrey S. Dawson


Defendant

Charles F. Nettels
(Freeburg & Nettels)


Experts

Plaintiff

Jeffrey Gross
(medical)

Larry Miller
(technical)

Peter R. Francis Ph.D.
(technical)

Ted M. Kobayashi
(technical)

Defendant

Brian F. King M.D.
(medical)

Stephen A. Blewett
(technical)

Gerald Alexander M.D.
(medical)

Wilson C. Hayes
(technical)

David H. Mortensen
(medical)

Facts

John Waikle sued Dang Diep, in connection with a motor vehicle accident.

Contentions

PLAINTIFF'S CONTENTIONS:
Plaintiff alleged that defendant, who was operating a gravel truck, clipped the front left tire of his vehicle as he exited the 405 Freeway at Wilshire Blvd. Plaintiff sustained injuries and sued defendant for negligence.

DEFENDANT'S CONTENTIONS:
Defendant disputed plaintiff's claims, and alleged that the collision, if it occurred, was only minor.

Settlement Discussions

Waikle demanded $500,000 in settlement, which Diep countered with a $260,000 offer of settlement.

Damages

Waikle sought $152,000 in past medical expenses. However, the parties stipulated to $100,000 for past medical expenses. He also requested an unspecified amount for past and future pain and suffering.

Injuries

Waikle claimed injury to his spine, requiring chiropractic care and physical therapy. He also received epidural shots for more than a year to help relieve the pain. However, he claimed the pain persisted, necessitating surgery. Despite the procedure, Waikle claimed he continued to experience pain.

Result

The jury found Dang 100 percent at fault for the accident, and awarded Waikle $1.02 million in damages, which included $70,000 in past pain and suffering; $650,000 in future pain and suffering; $100,000 in past economic loss; and $200,000 in future economic loss.

Length

seven days


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