Maria Luisa Diaz v. Alexis Lopez
Published: Jun. 19, 2020 | Result Date: Apr. 16, 2019 | Filing Date: Oct. 6, 2017 |Case number: 30-2017-00948364-CU-PA-CJC Verdict – $3,100,000
Judge
Court
Orange County Superior Court
Attorneys
Plaintiff
Ernest P. Algorri
(Dewitt, Algorri & Algorri)
Defendant
Douglas J. Petkoff
(Straus Meyers, LLP)
Experts
Plaintiff
Michael Lobatz M.D.
(neurology)
Kendall S. Wagner M.D.
(orthopedic surgery)
Facts
Plaintiff Maria Luisa Diaz, was rear-ended in a car collision on the 405 freeway. Plaintiff's car rolled over after being sideswiped by defendant, Alexis Lopez, who was under the influence of marijuana and driving while intoxicated over the legal limit.
Contentions
PLAINTIFF'S CONTENTIONS: Plaintiff claimed negligence with punitive damages.
DEFENDANT'S CONTENTIONS: Defendant denied the contentions.
Insurer
Fred Loya Insurance
Settlement Discussions
Low six figure amount offered in mediation.
Specials in Evidence
Meds: $150,000 Loe: $84,720 Future Loe: $268,800 Future Meds: $103,500
Damages
$2,167,020
Injuries
Plaintiff, a 59-year-old Spanish speaking immigrant janitor, was seriously injured in the collision suffering from a displaced fracture of her left elbow causing a permanent 30 percent loss of range of motion.
Result
The jury rendered plaintiff's verdict for $3.1 million.
Deliberation
three days
Poll
12 in favor of plaintiff
Length
three weeks
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