Jesse James Porter v. Bomanite of Nevada and Ernest Balogh
Published: Nov. 5, 1994 | Result Date: Jun. 27, 1994 | Filing Date: Jan. 1, 1900 |Case number: CVA280028 – $595,000
Judge
Court
Clark County District, Nevada
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Jeni Kostelac
(medical)
Albert A. Fitzpatrick
(technical)
Louis F. Mortillaro
(medical)
David Toeller
(medical)
Kelly G. Hawkins
(medical)
Defendant
John Bowman
(medical)
Facts
On February 5, 1988, Plaintiff Jesse J. Porter, a 44-year-old swimming pool finish plasterer, was stopped for a traffic signal when Defendant Ernest Balogh, owner of Defendant Bomanite of Nevada, struck him in a rear end collision. Defendants admitted liability.
Settlement Discussions
Plaintiff contends that they made a pretrial demand in the amount of $299,000 and Defendants offered $50,000 reduced to $30,000.
Specials in Evidence
$12,000 $64,000 $400,000 not disclosed
Damages
Plaintiff's counsel asked the jury to award Plaintiff his past and future lost wages, $250,000 past pain and suffering, and $150,000 future pain and suffering. Defense counsel asked the jury to award Plaintiff no more than $12,000.
Injuries
Cervical strain and sprain; internal spinal derangement at L4-5 -- both requiring physical therapy.
Other Information
Prior to appeal and remittitur, this case settled for $500,000 in addition to $55,000 recovered from Plaintiff's UMI coverage.
Deliberation
2 hours
Poll
8-0
Length
5 days
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