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Personal Injury
Auto v. Auto
Broadside Collision

Verdi Tanriverdi v. Susan Anderson Cleveland

Published: Oct. 10, 1998 | Result Date: Aug. 14, 1998 | Filing Date: Jan. 1, 1900 |

Case number: 769830 Verdict –  $313,785

Judge

David H. Brickner

Court

Orange Superior


Attorneys

Plaintiff

Ned P. Reilly


Defendant

Russell P. McQuown


Experts

Plaintiff

Michael Koermer
(medical)

Michael H. Sukoff
(medical)

Kenneth L. Pearl B.S.M.E.
(technical)

Defendant

Wes Pabst
(technical)

Arthur Kreitenberg M.D.
(medical)

Facts

On Oct. 7, 1995, defendant Susan Cleveland drove out of a driveway and broadsided a vehicle that was being driven by plaintiff Verdi Tanriverdi, a 36-year-old real estate broker. There was rather minor damage (about $2,000 to the plaintiff's car and less than $2,000 to the defendant's vehicle). The defendant contended that the impact was merely a brush/sideswipe but the plaintiff contended it was a direct broadside. The plaintiff could not recall or explain the gravity of the impact. The plaintiff simply had no memory. There were no complaints of pain at the scene although plaintiff testified that he felt a "twinge" in his left shoulder area. The police were not called to the scene, and each driver believed there were no injuries. The plaintiff brought this action against the defendant based on negligence.

Settlement Discussions

The plaintiff made a C.C.P. º998 settlement demand for $100,000 (policy limits). The defendant made a C.C.P. º998 offer of compromise for $12,000.

Specials in Evidence

$74,600.28 $19,360

Injuries

The plaintiff alleged two herniated discs and stenosis at three levels caused by the accident, incurring approximately $74,000 in medical bills including a hospitalization in February 1998. Plaintiff continues physical therapy following a three level discectomy and fusion at C3-6 of February 1998.

Other Information

The verdict was reached approximately one year and 10 months after the case was filed. An arbitration was held before Richard Booth, Jr., resulting in an award for plaintiff of $77,066.70. This was before plaintiff's surgery in February 1998. The defendant's motion for a new trial and remittitur were denied. The defendant has filed an appeal.

Deliberation

four hours

Poll

9-3 (on all but meds); 11-1 (meds)

Length

five days


#119334

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