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Personal Injury
Auto v. Auto
Rear-End Collision

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

David W. Berglund


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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