Raymond Miley v. Juan Ricardo Lopez
Published: Feb. 25, 2003 | Result Date: Jan. 16, 2003 | Filing Date: Jan. 1, 1900 |Case number: 01CC12443 Verdict – $885,759
Judge
Court
Orange Superior
Attorneys
Plaintiff
Brian C. Gonzalez
(Law Offices of Brian C Gonzalez)
Defendant
John E. Zegel
(Law Office of Francine B. Kelly & Associates)
Experts
Plaintiff
Debra Muse
(medical)
Mark Montgomery
(medical)
Douglas Cannon
(medical)
Karl Sandin
(medical)
Facts
On Oct., 2000, the plaintiff was a rear seat passenger in a vehicle that was rear-ended by the defendant, Juan Ricardo Lopez on the I-405 Freeway in Costa Mesa. Both vehicles sustained minor damage and were able to be driven from the scene. According to the investigating CHP Officer, no-one involved in the accident sustained any injuries. At the time of the accident, the plaintiff and two of his co-workers were returning to San Luis Obispo from a seminar they had attended in Irvine. On the drive home, the plaintiff began to experience pain and discomfort in his left arm, neck, back and shoulders. He went to work the following morning and was sent by his employer to be examined. The plaintiff continued to be under ongoing care and treatment, through workers compensation, to the present time. He was diagnosed as having severe pain associated with the injury to his neck and the ulnar nerve on his left arm. He has undergone surgery on his left arm to repair the ulnar nerve.
Settlement Discussions
On Feb. 25, 2002, the plaintiff made a C.C.P. Section 998 demand for $15,000 policy limits. Prior to trial commencing, the plaintiff demanded $300,000 and the defendant offered $15,000. During trial, the defendant increased the offer to $100,000. While the jury was deliberating, the defendant offered $300,000. The plaintiff responded with a demand of $600,000.
Specials in Evidence
$52,728 $46,737 $500,000 $340,000
Injuries
Per the plaintiff: Permanent loss of 75 percent use of the left (non-dominant) hand from injury to the ulnar nerve and 75 percent permanent loss of range of motion of the neck. Per the defendant: There were no injuries that were related to the accident.
Other Information
The plaintiff's costs ($19,416) and interest ($79,819) brought the total judgment to $984,995. The defendant and defendant's experts were precluded from testifying at trial. The investigating officer did not appear at trial even though he was subpoenaed, so there was no evidence before the jury of the minor nature of the impact. The defendant is moving for a new trial.
Deliberation
two days
Poll
11-1 (causation), 9-3 (damages)
Length
five days
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