Judi Sofka v. Scott Acosta, Brent L. Johnson
Published: Jul. 9, 2005 | Result Date: May 19, 2005 | Filing Date: Jan. 1, 1900 |Case number: 03CC10929 Verdict – $4,500
Judge
Court
Orange Superior
Attorneys
Plaintiff
Defendant
Christopher P. Wesierski
(Wesierski & Zurek LLP)
Experts
Plaintiff
Eugene Vanderpol II
(technical)
Kendall S. Wagner M.D.
(medical)
Kerry A. Berg
(technical)
Thomas Blake
(medical)
Gurvinder Sunny Uppal
(medical)
Defendant
James P. Moore
(medical)
Michael N. Brant-Zawadzki M.D.
(medical)
Peter M. Burkhard
(technical)
Facts
The parties were in an auto accident on Sep. 8, 2002. Both cars were traveling eastbound in the number two lane on Bastanchury near the intersection with Brookhaven in Placentia when the defendant looked to his right and when he looked back again in front of him was unable to stop in time and rear ended the plaintiff. He was traveling at approximately 40 mph. The defendant's car was totaled and all air bags deployed. The plaintiff's car suffered about $5,000 worth of damage and she alleged that she was pushed 149 feet all the way through the intersection and across the intersection. The defendant admitted negligence but disputed the need for surgery on the herniated disc.
Settlement Discussions
The defendant offered $40,000 with an indication of an increase to $50,000 and filed a statutory offer of $30,000. The plaintiff demanded $85,000. In trial, the defendant asked the jury to award zero or $2,500; the plaintiff asked for $383,000.
Specials in Evidence
$15,000 $50,000 $85,000
Injuries
The plaintiff underwent treatment with a chiropractor and eventually saw two orthopedic surgeons who recommended surgery for her. The plaintiff also indicated that she had a soft tissue injury to the neck on top of the herniated disc in the back.
Other Information
A judgment will be entered against the plaintiff in excess of $25,000. There was a prior arbitration award of $20,000.
Deliberation
2.5 hours
Poll
11-1
Length
11 days
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