Florence Rostami v. Lauren McGuinness and City of La Canada/Flintridge
Published: Feb. 14, 1998 | Result Date: Oct. 3, 1997 | Filing Date: Jan. 1, 1900 |Case number: EC017462 – $0
Judge
Court
L.A. Superior Burbank
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
S. Andrew Schwartz M.D.
(medical)
Defendant
Keith E. Liberman M.D.
(medical)
Kenneth A. Solomon
(technical)
Facts
On March 24, 1995, plaintiff Florence Rostami, a 36-year-old law school student, was jogging (walking fast) in the La Canada/Flintridge area where there were no sidewalks. As she approached a blind intersection covered by extensive bushes and shrubbery to jog around the corner to her left, she was confronted by the defendant Lauren McGuinnes' vehicle head-on, as it was negotiating a right turn, and was hit. The plaintiff brought this action against the defendant driver based on a negligence theory of recovery. The defendant cross-complained against the City of La Canada/Flintridge.
Settlement Discussions
The plaintiff made a firm settlement demand for $300,000 (policy limits) reduced to $200,000 and then to $175,000 during trial. The defendant McGuinnes reported it made an offer of $115,000 and $15,000 (defendant City). Per plaintiff, defendant McGuiness offered $100,000.
Specials in Evidence
$32,000 $30,000 to $40,000
Damages
The plaintiff asked the jury for $650,000 to $750,000.
Injuries
The plaintiff alleged soft tissue injuries with a severely comminuted fracture to the distal tibia of the right leg which required open reduction and internal fixation with nine screws. Plaintiff also sustained a delayed union for nine months requiring a bone stimulator. Due to the rapidly progressive arthritis in the ankle joint, plaintiff claimed to require future surgery consisting of an ankle fusion or ankle replacement.
Other Information
The verdict was reached approximately one year and ten months after the case was filed. Plaintiff reported that on defendant McGuinnes' cross-complaint against the City, McGuinnes failed to show the City owned the road and was therefore nonsuited just before closing argument. Plaintiff also reported the jury was not instructed on negligence, despite plaintiff's request. EXPERT TESTIMONY: Defendant's expert, Dr. Keith Liberman, an orthopedic surgeon, testified that plaintiff did sustain a severely comminuted fracture to the distal tibia requiring surgery however there was a good result with no damage or arthritis to the ankle joint or need for future surgery. POST TRIAL MOTIONS: Plaintiff's motion for new trial and judgment notwithstanding the verdict were both denied on Dec. 5, 1997. Plaintiff has appealed, claiming that information subject to a motion in limine was raised by the defense at trial and on grounds that two jurors allegedly made racially discriminatory comments to the plaintiff.
Deliberation
four hours
Poll
10-2
Length
eight days
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