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)
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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