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
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.
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