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
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
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