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
Court
L.A. Superior Norwalk
Attorneys
Plaintiff
Defendant
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
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