Michael Chayes v. Raymond Manzano, Buns's Radiator, and Does 1 through 20, inclusive.
Published: Mar. 23, 1996 | Result Date: Feb. 8, 1996 | Filing Date: Jan. 1, 1900 |Case number: SC029025 – $4,386
Judge
Court
L.A. Superior Santa Monica
Attorneys
Plaintiff
Defendant
Donald G. Liddy
(Liddy Law Firm)
Experts
Plaintiff
Jacob E. Tauber M.D.
(medical)
Robert Rifkin
(medical)
Evan Burke
(medical)
Defendant
Elliott A. Schaffzin M.D.
(medical)
Victor W. Mintz
(medical)
Peter D. Wrobel CPA
(technical)
Facts
On December 16, 1993, the plaintiff, Michael Chayes, a 57-year-old stockbroker, was traveling southbound on Sepulveda Boulevard in his 1993, Lexus. The defendant, Raymond Manzano, an employee of defendant, Buns's Radiator, was driving a company truck when he broadsided the plaintiff's vehicle. The collision resulted in a total loss to both vehicles. The plaintiff brought this action against the defendants based on negligence theories of recovery.
Settlement Discussions
The plaintiff made a C.C.P. º998 settlement demand for $999,999 which was reduced to $300,000. The defendants made a C.C.P. º998 offer of compromise for $50,001.
Specials in Evidence
$24,000 $150,000 (50% reduction in work capacity) $60,000-$70,000 (future spinal fusion and mouth reconstruction.)
Damages
The plaintiff claimed loss of earnings as a stockbroker and a 50% diminishment in work capacity.
Injuries
The plaintiff alleged that he sustained fractured teeth, lumbar instability, soft tissue injury to his neck, back and shoulders and nerve root compression requiring fusion as a result of the accident.
Result
A voluntary settlement conference was held on December 20, 1995 before the Hon. Jack Tenner, retired, of J.A.M.S./Endispute who recommended a $150,000 settlement.
Other Information
The verdict was reached approximately one year and eleven months after the case was filed. Judge Stein refused to instruct on comparative negligence of the plaintiff over defense objection. Two independent witnesses testified the light was green for the plaintiff and the defendant driver testified the light was red.
Deliberation
2 days
Poll
12-0
Length
8 days
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