Vargas v. Rivas
Published: Feb. 9, 2008 | Result Date: Oct. 1, 2007 | Filing Date: Jan. 1, 1900 |Case number: BC342116 Verdict – $104,973
Court
L.A. Superior Central
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Edward E. Kim
(medical)
John C. Gardiner
(technical)
Roger Murken
(medical)
Defendant
Keith E. Liberman M.D.
(medical)
Facts
The defendants owned and operated an ambulance eastbound on Hollywood Boulevard in Los Angeles turning left onto Prospect on standby without emergency lights. The plaintiff was operating his vehicle westbound on Hollywood Boulevard. There were no traffic controls at the intersection. The defendant turned left in front of the plaintiff's vehicle, and the collision occurred within the intersection.
Contentions
PLAINTIFF'S CONTENTIONS:
The plaintiff contended that the defendant made an unsafe left turn and failed to yield the right of way.
DEFENDANT'S CONTENTIONS:
The defendant contended comparative negligence on the plaintiff for being inattentive.
Settlement Discussions
The plaintiff demanded $400,000. The defendants offered $81,000 with an indication of $100,000.
Specials in Evidence
$127,217; $60,000; none; none;
Injuries
Torn tibial tendon with fractured foot. The plaintiff underwent two surgeries and fusion.
Result
Verdict for $131,217 ($101,217 economic; $30,000 non-economic). The plaintiff was found to be 20 percent negligent. Net verdict for $104,973.
Other Information
FILING DATE: Oct. 27, 2005.
Deliberation
four hours
Poll
12-0
Length
five days
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