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Personal Injury (Vehicular)
Auto v. Auto
Negligence

Esther Gallegos v. Sylvia Mills

Published: Aug. 20, 2002 | Result Date: Apr. 3, 2002 | Filing Date: Jan. 1, 1900 |

Case number: INC019186 Verdict –  $0

Judge

Lawrence W. Fry

Court

Riverside Superior


Attorneys

Plaintiff

Donald C. Chavous M.D.


Defendant

Bruce A. Winstead


Experts

Plaintiff

Laurance Meltzer
(medical)

Defendant

Nicholas J. Carpenter Ph.D.
(technical)

Stephen L.G. Rothman M.D.
(medical)

Facts

This suit arose out of a three vehicle rear-end collision.
The defendant rear-ended a third party, Linda Donovan.
As a result, Donovan's car was pushed into the rear of the plaintiff's vehicle.
The damage to the plaintiff's vehicle was minimal but the plaintiff alleged personal
injuries.

Settlement Discussions

The plaintiff demanded $150,000 pre-trial. According to the defendants, the plaintiff, at trial, demanded $65,000. The defendant submitted a CCP Section 998 Offer of $25,000. According to the plaintiff, at trial the defendant offered $50,000 new money and to pay the medical lien of approximately $19,000.

Injuries

The plaintiff alleged she suffered from a torn menisci that resulted from the accident and she also alleged future knee replacement.

Other Information

Donald C. Chavous, the plaintiff's attorney, not only represented the plaintiff, but was her treating physician during a medical visit in the two years prior to the trial. During the course of the trial, Dr. Chavous was called as an expert witness by the defense and his cross- examination was limited by the trial court. The plaintiff has appealed the judgment to the Fourth District Court of Appeal, alleging that the trial court erred in restricting the cross-examination of Dr. Chavous. The appeal is pending.

Deliberation

one hour

Poll

12-0

Length

seven days


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