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Personal Injury
Auto v. Auto
Common Carrier

James Laina v. Music Express Inc., Stacey Koon

Published: Apr. 19, 2014 | Result Date: Mar. 21, 2014 | Filing Date: Jan. 1, 1900 |

Case number: 56-2012-00427670-CU-PA-VTA Verdict –  Defense

Court

Ventura Superior


Attorneys

Plaintiff

Brian S. Kabateck
(Kabateck LLP)

Douglas A. Rochen
(Abir, Cohen, Treyzon & Salo LLP)


Defendant

James K. Loebbecke

Sean T. Cahill
(Cahill & Associates)


Experts

Plaintiff

Richard Perillo
(medical)

Eddie Wren
(technical)

John C. Gardiner
(technical)

Richard G. Anderson
(technical)

David V. Cossman
(medical)

Khyber Zaffarkhan M.D.
(medical)

James Mills M.A.
(technical)

H. Ronald Fisk M.D., Ph.D.
(medical)

Defendant

Wouter I. Schievink
(medical)

Ted D. Evans Ph.D.
(medical)

Andrew E. Levitt
(technical)

John R. Brault M.S.
(technical)

Facts

On April 29, 2011, plaintiff James Laina, then 38, was picked up in a 2007 Mercedes Benz S-550 being driven by defendant Stacey Koon, a chauffeur employed by Music Express Inc. Music Express Inc. hired Koon to drive plaintiff from Los Angeles International Airport to his home in Newbury Park.

Contentions

PLAINTIFF'S CONTENTIONS:
Plaintiff claimed that Koon while driving on the 101 freeway headed northbound, made an unsafe lane change and an abrupt stop at the Wendy Dr. off ramp, which caused the Mercedes Benz to be rear-ended by another vehicle. Laina was seated in the back seat of the vehicle.

DEFENDANT'S CONTENTIONS:
Defendants contended that Koon drove safely at all times and argued that the vehicle that rear-ended the Mercedes Benz was solely at fault.

Settlement Discussions

A mandatory settlement conference was held on Oct. 17, 2013, before Judge Frederick Bysshe. Plaintiff made a CCP 998 demand for $15 million. Defendants made a CCP 998 offer for $75,000.

Damages

Plaintiff requested $12 million at trial for past and future medical damages, past and future loss of earnings and general damages.

Injuries

Plaintiff suffered a bilateral vertebral artery dissection resulting in a stroke, 27 days after the accident, which he claimed was caused by the accident. Plaintiff claimed permanent injuries and damages. Defendants disputed that plaintiff's stroke and any claimed damages were caused by the accident.

Result

Defense verdict.

Other Information

A motion for costs filed by defendants is currently pending. FILING DATE: Nov. 27, 2012.

Deliberation

five hours

Poll

12-0 (Music Express Inc. was not a common carrier), 12-0 (Music Express Inc. and Stacey Koon were not negligent)

Length

12 days


#121131

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