Steve Zeldin v. Nicholas Bartlett
Published: May 25, 2002 | Result Date: Apr. 12, 2002 | Filing Date: Jan. 1, 1900 |Case number: 00CC09245 Verdict – $88,000
Judge
Court
Orange Superior
Attorneys
Plaintiff
Jeffrey T. Roberts
(Roberts Jeandron Law)
Defendant
Experts
Plaintiff
Jack C. Debes
(technical)
Steve Dryer
(medical)
Sten Erik Kramer
(medical)
Defendant
Kendall S. Wagner M.D.
(medical)
Stephen L.G. Rothman M.D.
(medical)
Facts
The plaintiff, Steve Zedlin was stopped, waiting to make a left turn on Pacific Coast Highway in
North Laguna Beach. While the plaintiff was waiting for traffic to break to make his turn, the
defendant, driving a red Chevy truck equipped with a 454 V-8 engine, suddenly crashed into the
plaintiff from behind. The collision caused the plaintiffÆs car to do a 360 degree spin across two
lanes of on-coming traffic resulting in the plaintiffÆs car facing on-coming traffic in the bike lane.
The plaintiffÆs car was not struck by any other vehicles. The plaintiffÆs accident reconstructionist
testified that based on skid mark analysis, the defendant was traveling at 96 mph before locking
up his brakes and laying down 109 feet of skid. The defendantÆs vehicle struck the plaintiffÆs car
at approximately 84 mph and continued to skid an additional 117 feet after impact. The delta-V
(change in velocity) of the plaintiffÆs car, a Range Rover, was estimated to be 36 mph.
Settlement Discussions
The plaintiff made a C.C.P. Section 998 demand of $75,000, increased to $100,000 at mandatory settlement conference on first day of trial. The defendant offered $20,000, increased to $50,000 before the defendant testified.
Damages
Plaintiff was taken by ambulance to the Hoag Hospital emergency room. He was released that evening. Plaintiff suffered no broken bones, nor has he undergone any surgical procedures as a result of the accident. Plaintiff suffered significant soft tissue injuries in his neck and lower-back, with pain persisting up to the time of trial. Plaintiff presented to a chiropractor and an orthopaedic doctor. Plaintiff's expert orthopaedic and treating physician testified that although Plaintiff did have pre-existing degeneration in C5-C6, that condition was likely accelerated due to accident trauma. No procedures are foreseen for this condition. Plaintiff presented $7,600.00 in medical specials. Plaintiff also presented $20,000.00 in what he characterized as pain treatments, including chiropractic care (1.5 years of treatment beyond initial 6 months of therapy), pilates training (stretching and strengthening exercises), rolfing (deep tissue massage therapy), and acupuncture. The jury did not consider these treatments as medical specials.
Injuries
The plaintiff was taken by ambulance to the Hoag Hospital emergency room. He was released that evening. The plaintiff suffered no broken bones, nor has he undergone any surgical procedures as a result of the accident. The plaintiff suffered significant soft tissue injuries in his neck and lower-back, with pain persisting up to the time of trial. The plaintiff presented to a chiropractor and an orthopedic doctor. The plaintiffÆs orthopedist and treating physician testified that although the plaintiff did have pre-existing degeneration in C5-6, that condition was likely accelerated due to accident trauma. No procedures are foreseen for this condition. The plaintiff presented $7,600 in medical specials. The plaintiff also presented $20,000 in what he characterized as pain treatments, including chiropractic care (one and one-half years of treatment beyond initial six months of therapy), pilates training (stretching and strengthening exercises), rolfing (deep tissue massage therapy), and acupuncture. The jury did not consider these treatments as medical specials.
Result
Pursuant to plaintiffÆs C.C.P. 998 offer not being accepted, and his greater recovery at trial, the plaintiff is entitled to prejudgment interest in the amount of $8,700. The total cost bill, including prejudgment interest is $25,000. Total judgment, with costs, is $113,000.
Other Information
Although the defendant was ordered to appear pursuant to C.C.P. 1987, he did not appear during the first two days of trial. When the plaintiffÆs counsel called the defendant to the stand during the second day of trial, the court issued a bench warrant, in the presence of the jury, for his arrest. The court held the warrant until the following day, when the defendant showed up for the last day of trial. The defendant testified that he estimated that he was traveling at 65 mph when he locked up his brakes prior to impact. The plaintiffÆs counsel impeached the defendant with his deposition testimony in which he testified he was traveling at about 50 mph. The defense counsel did not ask any questions of his client.
Deliberation
three hours
Length
three days
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