Karolyn Olmedo v. George Kinder
Published: Jul. 26, 1997 | Result Date: Apr. 29, 1997 | Filing Date: Jan. 1, 1900 |Case number: GC014224 Verdict – $5,500
Judge
Court
L.A. Superior Pomona
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Gerald J. McCann
(medical)
Defendant
Robert M. Wilson M.D.
(medical)
Facts
On March 17, 1994, plaintiff Karolyn Olmedo, a 29-year-old assistant to an opthomologist, was driving her Ford Escort on the San Bernardino Freeway in Alhambra when her vehicle was struck in the rear by an Oldsmobile Custom Cruiser driven by defendant George Kinder. The plaintiff did not seek any emergency medical treatment. The plaintiff took two days off work after the accident then worked 4-6 hours on the third day. The plaintiff received seven passive physical therapy treatments and later an MRI of her lumbar area that showed 2.5 mm disc at L4-5. The defendant claimed the plaintiff's first EMG was determined to be "normal." An EMG two years later was abnormal. The plaintiff brought this action against the defendant based on a negligence theory of recovery.
Settlement Discussions
The plaintiff made a settlement demand for $50,000. The defendant made a C.C.P. º998 offer of compromise for $6,000.
Specials in Evidence
$5,763 $330 $5,000 $29,025 (surgery)
Damages
The plaintiff also claimed $2,500 in property damage. The defendant claimed his car had $900 in damage.
Injuries
The plaintiff claimed she suffered a herniated disc at L4-5, requiring future surgery (percutaneous discectomy).
Other Information
The verdict was reached approximately two years and one month after the case was filed. A mediation was held on Jan. 8, 1996 before J. Laurence Judy of Pasadena. It did not resolve the matter. Per defense counsel, under cross examination, Dr. McCann, admitted that the plaintiff "was not a surgical candidate" at this time. Defense expert Dr. Wilson testified that this car accident was a "minor" event in the history of the plaintiff's spine, when compared to the effect on her spine while she was pregnant. (Between the first EMG and the second EMG, the plaintiff gave birth to her third child.) He also testified that the objective tests introduced by the plaintiff contradicted themselves, since the MRI showed a defect at L4-L5 whereas the second EMG showed a problem at a different level, L5-S1. Per defense counsel, the jury complimented the style in which Dr. Wilson testified. POST TRIAL MOTIONS: The defendant's motion for costs is pending.
Deliberation
5 hours
Poll
12-0
Length
5 days
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