Gary Cole v. Denise Martin, et al.
Published: Jun. 24, 1995 | Result Date: May 15, 1995 | Filing Date: Jan. 1, 1900 |Case number: CV073849 – $298
Judge
Court
San Luis Obispo Superior
Attorneys
Plaintiff
Defendant
Greg A. Coates
(Law Office of Greg A. Coates)
Experts
Plaintiff
Edward H. Bestard
(medical)
Defendant
Kenneth L. Baldwin
(medical)
Michael Weinper
(medical)
Facts
On September 28, 1992, Plaintiff Gary Cole was waiting in his automobile, ready to make a left turn, when Defendant Denise Martin's automobile struck Plaintiff in a rear end collision. Defendant allegedly failed to see that Plaintiff was at a complete stop; the force of the collision moved Plaintiff's vehicle forward and into the opposite lane of travel and "totaled" both vehicles. At the time, Plaintiff was 39 years of age and unemployed due to a prior work-related lumbar injury.
Settlement Discussions
Defendant contends they made a 998 offer of $10,000 and Plaintiff demanded $28,000.
Specials in Evidence
$17,000 yes, unspecified
Damages
Plaintiff also claimed general non-economic damages of $20,000 to $50,000.
Injuries
Soft tissue neck requiring physical therapy; exacerbation to preexisting low back injury requiring orthopedic examination, orthopedic treatment, and MRI scans.
Other Information
A prior arbitration by Michael Devitt resulted in a Plaintiff's award in the amount of $28,000; trial de novo by Defendant.
Deliberation
2 hours
Poll
12-0 causation, 12-0 damages
Length
5 days
For reprint rights or to order a copy of your photo:
Email
jeremy@reprintpros.com
for prices.
Direct dial: 949-702-5390