Mark Ellinger v. Abigail Camarero
Published: Oct. 15, 2016 | Result Date: Mar. 24, 2016 | Filing Date: Jan. 1, 1900 |Case number: 30-2014-00708943-CU-PA-CJC Verdict – Defense
Court
Orange Superior
Attorneys
Plaintiff
Taylor T. Traut
(Traut Firm)
James R. Traut
(Traut Firm)
Defendant
Dawn M. Ebert
(Law Office of Andrew W. Macrae)
Facts
Mark Ellinger sued Abigail Camarero, in connection with a motor vehicle-bicycle collision.
Contentions
PLAINTIFF'S CONTENTIONS:
Plaintiff was riding his bicycle when he was struck from behind by a vehicle operated by defendant. Plaintiff was injured and sued defendant for negligence.
DEFENDANT'S CONTENTIONS:
Defendant claimed plaintiff was to blame because he was inattentive and made an unsafe lane change directly in front of her. Defendant also disputed the extent of plaintiff's claimed injuries, alleging that his knee problem was caused by pre-existing arthritis.
Settlement Discussions
Ellinger demanded Camarero's policy limits of $50,000, which Camarero countered with a CCP 998 offer of settlement for $15,000.
Injuries
Ellinger tore a ligament on his right knee and sustained multiple abrasions all over his body. He later underwent surgery on the affected knee.
Result
The jury found in favor of the defense.
Other Information
FILING DATE: March 4, 2014.
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