This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.

Personal Injury (Vehicular)
Automobile Accident
Rear-End Collision

Kimberly A. Leone, et al. v. David N. Klaman, et al.

Published: Jul. 30, 2002 | Result Date: Jun. 3, 2002 | Filing Date: Jan. 1, 1900 |

Case number: VC033358 –  $80,534

Judge

James M. Sutton Jr.

Court

L.A. Superior Norwalk


Attorneys

Plaintiff

Michael J. Shilub


Defendant

Christopher M. Gardner


Experts

Plaintiff

Julie Scira
(medical)

Myron Shapero
(medical)

S. Andrew Schwartz M.D.
(medical)

Defendant

Richard A. Rosenberg
(medical)

Facts

On June 25, 2000, the plaintiffs' Ford Explorer was stopped in heavy traffic on the Santa Ana Freeway.
The defendant driver, who admitted to traveling approximately 50 miles per hour just prior to the impact, rear-
ended the plaintiffs' vehicle, propelling it forward.
Anticipating the impact, and attempting to avoid a collision with the vehicle in front of
her, the plaintiff (1) turned the wheel to the left, causing her vehicle to be forced into the center
divider.

Settlement Discussions

The plaintiffs served C.C.P. Section 998 offers on the defendants in the amounts of $10,000 for Plaintiff No. 1 and $16,000 for Plaintiff No. 2. The defendants let the offers expire and offered $6,000 for Plaintiff No. 1 and $10,000 for Plaintiff No. 2. On the first day of trial, the defendant offered $6,000 to Plaintiff No. 1 and $27,000 to Plaintiff No. 2. On the second day of trial, the defendant offered $34,500 to Plaintiff No. 2. Both offers were rejected.

Specials in Evidence

Plaintiff # 1: $4,200: Plaintiff # 2, $15,000 with antcipated future surgery costs. $10,000 plus (Plaintiff # 2).

Injuries

Plaintiff No. 1 had soft tissue injuries to her neck and shoulder, and plaintiff No. 2, the passenger, had extensive neck injuries to his neck, back, shoulder and rotator cuff.

Other Information

The total award of $80,533 was split between Plaintiff No. 1 ($13,966) and $66,537 (inclusive of $66,537) to Plaintiff No. 2.

Poll

12-0, 10-2


#123968

For reprint rights or to order a copy of your photo:

Email jeremy@reprintpros.com for prices.
Direct dial: 949-702-5390