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Personal Injury
Auto v. Auto
Sideswipe Collision

Brett Roberts, Constance Roberts v. Benjamin Curtin, Pamela Leonard

Published: Apr. 17, 2020 | Result Date: Jan. 28, 2020 | Filing Date: Apr. 6, 2017 |

Case number: 17CV01522 Verdict –  $5,600

Judge

Colleen K. Sterne

Court

Santa Barbara County Superior Court


Attorneys

Plaintiff

Brian J. Ward
(Trial Lawyers For Justice)

Daniel C. Schaar
(Carpenter, Zuckerman & Rowley LLP)


Defendant

Andrew C. Hubert
(Lewis, Brisbois, Bisgaard & Smith LLP)


Experts

Plaintiff

David R. Patterson M.D.
(physical medicine and rehabilitation)

Opada Alzohaili M.D.
(endocrinology)

Randall R. Benson M.D.
(neurology)

Elizabeth P. Cisneros Ph.D.
(psychology)

Defendant

Lorne S. Label M.D.
(neurology)

Cary D. Alberstone M.D.
(neurosurgery)

Ted D. Evans Ph.D.
(psychology)

Michael N. Brant-Zawadzki M.D.
(neuroradiology)

Facts

On April 28, 2015, plaintiffs Brett and Constance Roberts were traveling northbound on Chapala Street in Santa Barbara when their vehicle was struck from the side by a vehicle driven by defendant Pamela Leonard. Leonard was driving a vehicle owned by her son-in-law, defendant Benjamin Curtis.

Plaintiffs brought this action against defendants based on motor vehicle liability and general negligence.

Contentions

PLAINTIFF'S CONTENTIONS: Plaintiffs alleged that defendant Leonard failed to stop for the stop sign.

DEFENDANT'S CONTENTIONS: Defendant admitted liability and but disputed the extent of plaintiff's injuries.

Insurer

Auto Club.

Settlement Discussions

Plaintiff made a CCP 998 demand of $200,000 (policy limit), which was rejected by defendant.

Damages

Plaintiff alleged need for future medical expense for lifetime monthly injections of human growth hormone at $30,000/year. Plaintiff also alleged past and future non-economic losses of $6 million to $10 million.

Injuries

Plaintiff alleged traumatic brain injury with damage to pituitary gland and deficient human growth hormone and testosterone. Plaintiff alleged inability to work at full capacity.

Result

The jury returned a verdict for plaintiff in the amount of $5,600, which consisted of past non-economic damages only. Plaintiff's wife previously settled for $20,000.

Deliberation

two hours


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