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Personal Injury (Vehicular)
Auto v. Truck
Rear End Collision

Michael Barkett v. Catherine Margoluis

Published: Feb. 3, 1996 | Result Date: Jan. 9, 1996 | Filing Date: Jan. 1, 1900 |

Case number: LC031904 –  $2,159

Judge

Stephen D. Petersen

Court

L.A. Superior Van Nuys


Attorneys

Plaintiff

Michael I. Sidley


Defendant

Diane Wegner Bush


Experts

Plaintiff

Rod A. Blau
(medical)

Defendant

Myron Koch
(medical)

Roderick D. Stroud
(technical)

Facts

On June 29, 1994, the plaintiff, Michael Barkett, a 73-year-old retired painter, was involved in a rear end impact collision. The sport utility vehicle operated by the defendant, Catherine Margoluis, struck the vehicle being operated by the plaintiff from behind. The plaintiff alleged that she suffered soft tissue injuries as a result of the accident. The plaintiff brought this action against the defendant based on a negligence theory of recovery.

Settlement Discussions

The plaintiff made a $80,000 settlement demand prior to trial and $150,000 settlement demand at trial. The defendant made a $10,000 settlement offer prior to trial which was decreased to $4,259 at trial.

Damages

Property damage (previously paid).

Injuries

Soft tissue neck, back and shoulder complaints following impact. The plaintiff further alleged the onset of numbness/tingling in her right arm/elbow which required a right elbow ulnar nerve surgery (ulnar nerve entrapment surgery).

Other Information

The verdict was reached approximately eight months after the case was filed.

Deliberation

1 hour, 15 minutes

Poll

12-0

Length

5 days


#78720

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