Timothy Joshua Baggs, Mitsuru Baggs v. Joseph David Paparella, Avanti Electric Company Inc., and Does 1 to 25, inclusive
Published: Aug. 19, 2022 | Result Date: Mar. 25, 2022 |Case number: BC706030 Verdict – $182,000
Judge
Court
Los Angeles County Superior Court
Attorneys
Plaintiff
Stuart M. Sherman
(Sherman Law Firm)
Defendant
Laurie S. Cox
(Mark R. Weiner & Associates)
Facts
On May 13, 2017, Timothy Baggs, a U.S. Marine Corps recruiter, was driving with his wife, Mitsuru, seated in the passenger side, traveling on Crenshaw Boulevard in Torrance. As he was driving, their vehicle was rear-ended by a car being driven by Joseph Paparella, who was employed by Avanti Electric Co. After the collision, Timothy drove himself and Mitsuru to Providence Little Company of Mary Hospital in Torrance. The Baggs sued Paparella and Avanti Electric.
Contentions
PLAINTIFFS' CONTENTIONS: Plaintiffs alleged that defendant was negligent in the operation of his vehicle, and as his employer, Avanti Electric was vicariously liable for Paparella's actions.
DEFENDANTS' CONTENTIONS: Defendants admitted liability for the collision but disputed the nature and extent of plaintiffs' treatments, arguing they were excessive and unnecessary, resulting in medical bills that were too high. No radiculopathy was shown for either plaintiff and thus did not need injections. Instead, plaintiffs' alleged injuries should have been resolved after undergoing chiropractic care.
Result
The jury determined a total award of $182,000. Timothy's damages totaled $136,000 which included $71,000 past medical cost and $65,000 past pain and suffering. As to Mitsuru, her damages totaled $46,000 which included $31,000 for past medical costs and $15,000 for past pain and suffering,
Deliberation
One hour
Poll
11-1
Length
Five days
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