Maria Tapia v. Patricia Huerta, Steven Swayne
Published: Feb. 19, 2003 | Result Date: Nov. 13, 2002 | Filing Date: Jan. 1, 1900 |Case number: 01C02884 Verdict – $19,593
Judge
Court
L.A. Superior Norwalk
Attorneys
Plaintiff
Adam L. Marangell
(Law Office of Adam L. Marangell, APC)
Defendant
Experts
Plaintiff
Rocco J. Avellini
(technical)
Facts
On Nov. 22, 2000, the plaintiff was rear-ended on the I 605 freeway by the defendant Swayne. A second later, the defendant Huerta rear-ended the defendant Swayne, forcing a second impact to the plaintiff's vehicle. The second impact was the more forceful of the two. The plaintiff suffered personal injuries and property damage. The defendants filed cross-complaints against each other.
Settlement Discussions
The plaintiff submitted a C.C.P. Section 998 demand as to defendant Patricia Huerta for $3,500. The defendants allowed these to lapse. The defendant Huerta submitted a C.C.P. Section 998 demand for the same sum to the plaintiff, which was rejected. At the onset of the litigation, defendant Swayne had offered plaintiff $3,500 to settle the case, which plaintiff rejected.
Specials in Evidence
$3,293 None claimed None claimed None claimed
Injuries
Soft tissue injuries to the neck and back with minor residuals to the back, mental trauma regarding future driving in a car that had been involved in an accident.
Other Information
A memorandum of costs was submitted against the defendant Huerta in the amount of $3,080 which was paid in full. No costs were sought against the defendant Swayne. The defendant Huerta was found 85 percent at fault and judgment was entered for $16,654. The defendant Swayne was found 15 percent at fault and a judgment was entered for $2,938.
Deliberation
three hours
Poll
12-0 (liability), 10-2 (damages)
Length
two days
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