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Personal Injury (Vehicular)
Truck Accident
Sideswipe Collision

Der Mardirossian v. Arturo Figueroa, et al.

Published: May 13, 1995 | Result Date: Apr. 21, 1995 | Filing Date: Jan. 1, 1900 |

Case number: 635294 –  $0

Judge

Floyd Schenk

Court

Orange Superior


Attorneys

Plaintiff

Kenneth D. Cooper


Defendant

Garth D. Goldberg


Experts

Plaintiff

Carroll B. Foster
(technical)

Richard L. Mulvania
(medical)

Defendant

Wes Pabst
(technical)

Theodore Vavoulis
(technical)

Allen S. Bursk
(medical)

Facts

On September 27, 1989, Plaintiff Der Mardirossian, a 45-year-old female, Iraqui-born-and-educated anesthesiologist, was involved in a sideswipe collision with Defendant Arturo Figueroa's truck on Harbor Boulevard in the City of Costa Mesa. Plaintiff drove away from the scene in her own automobile. There were no immediate complaints of injury. Approximately 6 weeks later, Plaintiff treated with a colleague, who diagnosed a lumbar sprain and strain; no radiculitis. In April of 1990, Plaintiff underwent surgery for an L4-5 herniated disc. Plaintiff then returned to work as an anesthesiologist; however, she allegedly could only work one day per week.

Settlement Discussions

Defendant contends they made various offers up to $700,000 structured prior to trial; to $400,000 on the day of trial; and $300,000 or $200,000/$500,000 high-low on the last day of trial -- all rejected; and Plaintiff demanded $3,100,000 down to $850,000 pretrial; and $800,000 at the opening of trial.

Specials in Evidence

$22,300 $400,000 $60,000

Injuries

L4-5 disc herniation requiring surgery; residual low back disability requiring future surgery.

Deliberation

30 minutes

Poll

12-0 Defendant negligence, 11-1 no causation

Length

6 days


#78448

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