Ramon Yep Arvizu, Martha Yep v. Brooke Wilson, Globe Business Resources
Published: Jul. 27, 2002 | Result Date: May 7, 2002 | Filing Date: Jan. 1, 1900 |Case number: BC244366 Verdict – $1,086,400
Judge
Court
L.A. Superior Central
Attorneys
Plaintiff
Paul R. Kiesel
(Kiesel Law LLP)
Defendant
Experts
Plaintiff
Edwin C. Amos M.D.
(medical)
Charles J. Furst Ph.D., ABCN
(medical)
Gerry Aster
(medical)
Timothy J. Reust
(technical)
Jacob E. Tauber M.D.
(medical)
Defendant
Barry I. Ludwig M.D.
(medical)
Jeffrey A. Schaeffer Ph.D.
(medical)
Theodore Vavoulis
(technical)
Kenneth A. Solomon
(technical)
Robert Schlens
(medical)
Facts
The plaintiff, a 74-year-old male, was a pedestrian in a marked crosswalk when he was struck by
an automobile driven by the defendant, Brooke Wilson, who was in the course and scope of her
employment with Globe Business Resources. The plaintiff was thrown six to eight feet by the
force of the impact.
Settlement Discussions
The plaintiff Ramon Yep Arvizu filed a C.C.P. demand for $600,000 on Dec. 28, 2001; the plaintiff Martha Yep filed a C.C.P. 998 demand for $35,000 on Dec. 28, 2001. The defendants submitted an offer of $300,000 in January, 2002. This was increased during trial to $600,000, which the plaintiffs rejected.
Injuries
The plaintiff sustained fractures of the left tibia and fibula, the right fibula, right scapula, and four right-sided rib fractures. There was questionable loss of consciousness at the scene. The plaintiff was hospitalized for one week, then in a rehabilitation facility for four months. The plaintiff made a good recovery from the orthopedic injuries, though he had pain in his left knee and required a cane for walking. The plaintiff also suffered from dementia. The plaintiff contended that the dementia was traumatically induced; the defense contended that the dementia was age induced and was not caused by the mild brain injury suffered.
Other Information
Allocation of fault: 3.7 percent to the plaintiff; 96.3 percent to the defendant. The defendant filed a Motion for New Trial but the case was settled prior to a hearing on the motion.
Deliberation
one day
Length
eight days
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