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Personal Injury
Auto v. Auto
Rear-End Collision

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

Gregory H. Lewis

Court

Orange County Superior Court


Attorneys

Plaintiff

Nestor A. Lopez

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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