Eugene L. Wolver, Jr. v. Michael Alan Rosenaur, Richard Shaw, Hope Shaw
Published: Dec. 16, 2003 | Result Date: Apr. 24, 2003 | Filing Date: Jan. 1, 1900 |Case number: LC055695 Verdict – $3,294
Judge
Court
L.A. Superior Van Nuys
Attorneys
Plaintiff
David B. Parker
(Parker Shaffie LLP)
Defendant
Experts
Plaintiff
Alina Lopo
(medical)
John J. Moseley
(medical)
Eugene L. Wolver Jr.
(technical)
Eric Christopher Kleerup
(medical)
Raymond Paladino
(technical)
Glen H. Egstrom
(technical)
William Lawyer
(technical)
Jacob Pfluegler
(technical)
Defendant
Anthony Feuerman
(medical)
Stanley Zahn
(technical)
Kurt Donohoe
(technical)
Warren L. Roston
(medical)
Sinclair Buckstaff
(technical)
Facts
The subject suit arose from an automobile accident that occurred on April 7, 2000 on Calabasas Road in Calabasas. The defendant, Michael Rosenaur, was driving a Ford Mustang on westbound Calabasas Road when traffic suddenly stopped in front of him. To avoid rear ending the Lincoln Navigator in front of him, Rosenaur swerved to his left because there was no room on the right side of the road. When he swerved to the left, he grazed the left side of the Navigator's rear bumper. He also then sideswiped the side of the plaintiff's, Eugene L. Wolver Jr.'s, Porsche Carrera, which was traveling eastbound of Calabasas Road. The defendant Hope Shaw was the registered owner of the Ford Mustang at the time and the plaintiff alleged that she had negligently entrusted her vehicle to Rosenaur. The defendant Richard Shaw was alleged to have been the registered owner of the vehicle, but in fact was not and he was dismissed on July 3, 2002 before the complaint. The plaintiff, in his complaint, alleged a negligence cause of action against the defendants and claimed that all of them were malicious and liable for punitive damages. On Sep. 24, 2002, the court granted the defendants' motion for summary adjudication ruling that the plaintiff's claims for punitive damages had no merit. Also, the court ruled that the plaintiff's cause of action for negligent entrustment against the defendant Hope Shaw had no merit. The plaintiff did not dismiss the defendant Hope Shaw until April 16, 2003, the first day of trial. At trial, the defendant stipulated to liability and the plaintiff claimed property damage, loss of use of property damages, past medical expenses, and future medical expenses.
Settlement Discussions
The defendant made a C.C.P. Section 998 offer of $10,001. The plaintiff submitted demands, always over six figures, but the amounts remained confidential.
Specials in Evidence
$18,549 $45,170 (disputed)
Damages
The plaintiff claimed property damage to his 1974 Porsche Carrera of $16,697. The defense disputed this and contended that the proper figure was approximately $1,500. The plaintiff also claimed $4,200 for loss of use damages. The defense argued that the plaintiff was not entitled to any amount over and above what he had already been paid for rental expenses. For general damages, the plaintiff claimed a minimum of $200,000 for pain and suffering related to the cervical spine surgery.
Result
The jury awarded the plaintiff a total of $3,294 (loss of use and property damage). The defendant received defense awards on the plaintiff's claims for medical expenses (past and future) and for general damages.
Deliberation
two days
Poll
10-2 (property damage award), 12-0 (loss-of-use award), 12-0 (past medical expenses)
Length
six days
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