Francesca Grossman and Garbielle Lipkin, a Minor, by and through a Guardian ad Litem v. Erin Gustafson, John Gustafson, and Does 1 to 100
Published: Oct. 15, 2016 | Result Date: Jul. 21, 2016 | Filing Date: Jan. 1, 1900 |Case number: BC552866 Verdict – $98,404
Court
L.A. Superior Torrance
Attorneys
Plaintiff
Sam H. Nordean
(Law Office of Sam H Nordean)
Defendant
Ariella E. Perry
(Michael Maguire & Associates)
Facts
Francesca Grossman and Gabrielle Lipkin, a minor by through a Guardian ad Litem, sued Erin Gustafson and John Gustafson, in connection with an automobile collision that allegedly occurred on July 13, 2013.
Contentions
PLAINTIFFS' CONTENTIONS:
Grossman was stopped at a red light, with her daughter as a passenger, when they were rear-ended by defendant Erin Gustafson. Grossman and her daughter sustained injuries as a result and sued Gustafson for negligence and her father, John Gustafson, for vicarious liability.
DEFENDANTS' CONTENTIONS:
Defendants disputed the extent of plaintiffs' claimed injuries. Defendants also claimed that plaintiffs should only be awarded $11,500 in total damages.
Settlement Discussions
Plaintiffs' pre-suit demand was $175,000. State Farm served a $17,500 998 offer. According to plaintiff, plaintiff then lowered their demand to $47,500, and defendant rejected the offer.
Damages
Grossman sought $49,904 in past medical expenses and $150,000 in damages for her past pain and suffering.
Injuries
Grossman injured her neck and back, which she treated with chiropractic care and pain management. However, she continued to experience back pain despite treatment. Grossman underwent four trigger point injections and two epidurals during chiropractic treatment. Lipkin likewise injured her neck and back, which she treated with chiropractic sessions.
Result
The jury found Erin Gustafson's negligence was a substantial factor in causing plaintiffs' harm and awarded them $98,404, including $49,904 for Grossman's past medical expenses and $45,000 in past pain and suffering and $3,500 for Lipkin's past medical expenses.
Other Information
FILING DATE: July 25, 2014.
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