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Personal Injury
Auto v. Auto
Rear-End Collision

Melva Herrera v. Mid-City Yellow Cab

Published: Feb. 19, 2003 | Result Date: Nov. 4, 2002 | Filing Date: Jan. 1, 1900 |

Case number: BC260168 Bench Decision –  $25,000

Judge

Ernest G. Williams

Court

L.A. Superior Central


Attorneys

Plaintiff

Jeffrey L. Molchan
(Legal Offices of David Grey)


Defendant

Tina M. Jacquez
(Soltman, Levitt, Flaherty & Wattles LLP)


Experts

Plaintiff

Isaac Schmidt
(medical)

Defendant

Willie Ranschino
(technical)

Facts

The plaintiff was rear-ended by the defendant taxi while stopped in traffic. The plaintiff contended that the defendant was negligent for rear-ending her and that the driver of the taxi was an agent of the defendant. The defendant contended that the driver was an independent contractor and that they would only be liable as the registered owner of the vehicle. In addition, the defendant contended that the plaintiff's property damage was only $300 which was not sufficient to have caused the injury.

Settlement Discussions

During negotiations, CIGA, for Reliance Insurance Company in liquidation, pulled coverage stating that the particular cab in question was not on the original Reliance policy.

Specials in Evidence

$17,000

Injuries

The plaintiff sustained soft-tissue injuries to the back and costal chondritis to her chest.


#122130

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