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Personal Injury
Auto v. Bicycle
Negligence

Mark Padie v. Joel Anaya, et al.

Published: Aug. 16, 1997 | Result Date: May 15, 1997 | Filing Date: Jan. 1, 1900 |

Case number: YC025974 Verdict –  $0

Judge

Jean E. Matusinka

Court

L.A. Superior Torrance


Attorneys

Defendant

Janette M. Chase

Carney R. Shegerian
(Shegerian & Associates Inc.)


Experts

Plaintiff

Ivan Soliman
(medical)

William D. Beck
(medical)

Defendant

Allan Keith Miller
(technical)

Facts

On Nov. 17, 1995, plaintiff Mark Padie, a 28-year-old carpenter, was riding a mountain bike on Vanderbilt Street in Redondo Beach. The plaintiff was traveling in the street and attempted to pass defendant Joel Anaya, who was driving an automobile. Defendant Anaya waved the plaintiff on and then continued to back up into the plaintiff's vicinity. The defendant's vehicle struck the plaintiff. The plaintiff was thrown off his bicycle face first onto the pavement, injuring his face, neck, back and hand. The plaintiff brought this action against the defendant based on a negligence theory of recovery.

Settlement Discussions

The plaintiff made a settlement demand for $42,500. The defendant made no settlement offers.

Specials in Evidence

$11,700 $19,000

Injuries

The plaintiff claimed he suffered neurological brain damage, a cervical strain, a broken finger and a broken tooth. The plaintiff also claimed he sustained lacerations on his face, requiring 40 stitches, and suffered a lumbar strain and a concussion.

Other Information

The verdict was reached approximately one year and three months after the case was filed. An arbitration was held beforeStanley T. Davis resulting in a $42,500 award. The defendant requested a trial de novo.

Deliberation

1 day

Poll

12-0 (liability)

Length

5 days


#124009

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