EBIC v. McLoughlin Engineering (Moreno v. Diaz)
Published: Mar. 18, 2003 | Result Date: Jan. 30, 2003 | Filing Date: Jan. 1, 1900 |Case number: 326213 Verdict – $40,386
Judge
Court
Riverside Superior
Attorneys
Plaintiff
Defendant
Experts
Defendant
Robert A. Gross
(medical)
Carley C. Ward
(technical)
Lawrence J. Richman J.D.
(medical)
Michael J. Singelyn
(medical)
Facts
The subject suit is an action in intervention for the recovery of benefits paid as a result of a multi-car rear-end freeway collision. The intervenor contended that the injured employee sustained injuries to her neck, back, shoulder, ankle and head. The intervenor also argued that the injuries resulted in a need for surgeries to the shoulder and ankle. The intervenor sought recovery of $278,000 in benefits paid. The defendant, the employer of the truck driver involved in the accident, did not contest liability and tried the case on damages only. The defendant in intervention contended the accident resulted in minor strains to the neck and back only, and that all other injuries and claimed surgeries were not accident related.
Settlement Discussions
The case was submitted to private mediation and a court ordered settlement conference. At the mediation, the injured employee was still in the case and was demanding $750,000. The plaintiff and the intervenor attempted to settle the case globally for $150,000 but without success. At the settlement conference, the defendant settled the plaintiff/employee's case for $75,000. The case then proceeded to trial against the intervenor, Employees Benefit Insurance Company. Prior to trial, the defendant served the intervenor with a C.C.P. Section 998 offer of $35,000.
Specials in Evidence
$98,000; $179,000 for temporary and permanent disability
Damages
$179,000 for temporary and permanent disability payments.
Deliberation
two days
Poll
12-0
Length
five days
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