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Personal Injury
Auto v. Auto
Intersection Collision, Left Turn Collision

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

Michael J. Baker


Defendant

Thomas C. Sanford


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


#119776

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