Bryan McGann v. Alyssa Adamson, Lisa Bianchi
Published: Oct. 18, 2014 | Result Date: Oct. 3, 2013 | Filing Date: Jan. 1, 1900 |Case number: 30-2012-00583413-CU-PA-CJC Verdict – $74,030
Court
Orange Superior
Attorneys
Plaintiff
Michael D. Waks
(Law Office of Michael D. Waks)
C. Michael Alder
(AlderLaw PC)
Defendant
Scott L. MacDonald
(Macdonald & Cody LLP)
Experts
Plaintiff
Carl A. Hess
(medical)
Gerald Alexander M.D.
(medical)
Agnes M. Grogan R.N.
(technical)
Defendant
Stewart L. Shanfield
(medical)
Todd D. Moldawer
(medical)
Facts
Bryan McGann filed a lawsuit against Alyssa Adamson in relation to a motor vehicle accident, as well as the owner of the car, Lisa Bianchi. Bianchi was subsequently let out of the case.
Contentions
PLAINTIFF'S CONTENTIONS:
Plaintiff alleged that on June 2, 2011, he drove on the 55 Freeway in Santa Ana, when Adamson's vehicle rear-needed his, which caused his car to hit a vehicle in front of him. He alleged that this initial incident brought about a collision involving five vehicles. He argued that Adamson drove negligently.
DEFENDANT'S CONTENTIONS:
Defendants argued that McGann would not need future medical care as he continued to recover from his injures and that the amount of his medical costs should be reduced to $39,030.47.
Settlement Discussions
Plaintiff addend $100,000 under CCP Section 998 and the defense offered a $100,000 policy limit under CCP Section 998.
Damages
McGann sought $964,710, including $111,000 in medical costs if unadjusted.
Injuries
McGann claimed he suffered a bulging lumbar disc, discectomy, foraminectmy, neck injury, and soft tissue injury, requiring steroid injection. He received physical therapy.
Result
The jury awarded plaintiff $74,030, which included economic recovery, and $25,000 in past non-economic recovery general damages. The jury also awarded $10,000 in future medical bills, but did not award future pain and suffering.
Other Information
Plaintiff did a post-trial motion and was awarded a $6,000 additur to represent future economic damages. The case eventually settled for $56,030 after defendant's costs were deducted. INSURER: GEICO for Alyssa Adamson. FILING DATE: July 13, 2012.
Length
three days
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