Jessica Rosales, Lisa Martinez v. Maria Rosa Balderas
Published: Jan. 27, 2004 | Result Date: Nov. 19, 2003 | Filing Date: Jan. 1, 1900 |Case number: 02WL06631 Verdict – $20,383
Judge
Court
Orange Superior
Attorneys
Plaintiff
Jorge F. Ramirez
(Russell & Lazarus APC)
Defendant
Experts
Plaintiff
Rocco J. Avellini
(technical)
Tracey Firzelle
(medical)
Defendant
Dennis A. Rhyne
(medical)
Facts
On Oct. 31, 2001, the two plaintiffs, Jessica Rosales, the driver, and Lisa Martinez, the passenger, were traveling eastbound on Edinger Avenue in Fountain Valley when their vehicle was broadsided by the defendant's vehicle that had pulled out of a private parking lot. Upon impact, the plaintiffs' vehicle spun around in a 180-degree turn during which time the vehicle struck the median island. The plaintiffs suffered soft-tissue injuries. Rosales was two months pregnant at the time of the accident. She sought chiropractic care about one week after the accident and subsequently saw her maternity doctor over concerns about her pregnancy and unborn child. However, neither any pregnancy complications nor birth complications resulted. Martinez sought emergency room medical care later the evening of the accident and then returned to the hospital for two follow-up visits. Martinez also sought chiropractic care about one week after the accident.
Settlement Discussions
The plaintiffs each demanded C.C.P. Section 998 for $7,900. The defendant offered C.C.P. Section 998 for $4,765 to Rosales and $6,441 to Martinez.
Specials in Evidence
$3,039 (Rosales); $4,866 (Martinez) $224 (Rosales); $320 (Martinez)
Damages
Rosales suffered $5,420 for diminished value of her car, plus loss of use of her vehicle, $2,700, without incurring any rental costs.
Other Information
WHO IS THE DRIVER/PREGNANT __________ WHO IS THE PASSENGER?
Deliberation
1.5 hours
Poll
10-2 (in favor of Rosales), 11-1 (in favor of Martinez)
Length
three days
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