Esther Trofimczuk v. Cynthia Farkas
Published: Apr. 19, 2008 | Result Date: Jul. 3, 2007 | Filing Date: Jan. 1, 1900 |Case number: PC036162 Verdict – $15,699
Court
L.A. Superior San Fernando
Attorneys
Plaintiff
Defendant
Mark G. Cunningham
(Cunningham & Sherman LLP)
Experts
Plaintiff
Tamara Plotkin
(medical)
David W. Brandes
(medical)
Defendant
Stephen L.G. Rothman M.D.
(medical)
Richard C. Rosenberg M.D.
(medical)
Roderick D. Stroud
(technical)
Facts
On May 8, 2003, 44-year old plaintiff Esther Trofimczuk, a florist, was driving her 2002 van on freeway 118 with her 10-year old son. Defendant Cynthia Farkas, a 35-year old homemaker, was driving with her 2-year old son. The defendant exited the freeway and was driving behind plaintiff's van during heavy traffic conditions. The defendant became distracted by her son and did not realize plaintiff had braked in front of her. She could not stop in time and hit plaintiff.
The defendant stipulated to liability at trial.
Settlement Discussions
The plaintiff demanded $100,000 and defendant offered $30,000.
Damages
The plaintiff sought economic and non-economic damages of approximately $750,000. The defense asked the jury for $15,699.01.
Injuries
The plaintiff suffered myofascial pain syndrome which she claimed was permanent and required a lifetime of treatment.
Result
The jury returned a verdict of $15,699.01 in favor of plaintiff.
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