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Personal Injury (Vehicular)
Automobile Accident
Rear End Collision

Greg Hughes v. Beverly Bass

Published: Mar. 9, 1996 | Result Date: Jan. 23, 1996 | Filing Date: Jan. 1, 1900 |

Case number: 682772 –  $50,362

Judge

Joe D. Hadden

Court

San Diego Superior


Attorneys

Plaintiff

Jacques J. Kirch


Defendant

Jonathan A. Brenner
(Judicate West)


Experts

Plaintiff

Dori Neill Cage
(medical)

Defendant

Mark Allen Gomez
(technical)

Daniel P. Denenberg
(medical)

Facts

On November 16, 1993, the plaintiff, Greg Hughes, a 34-year-old appliance service and repairman, was stopped at a red light on the westbound side of Sports Arena Boulevard in San Diego when he was rear ended by a vehicle operated by the defendant, Beverly Bass. The plaintiff was on his last service call of the day when his vehicle (which was owned by his employer) was struck by the defendant. The plaintiff brought this action against the defendant based on a negligence theory of recovery. The plaintiff-in-intervention, the workers' compensation carrier for Greg Hughes' employer, sought to recover $21,255.94 in workers' compensation benefits paid out as a result of the accident.

Settlement Discussions

Each plaintiff made a C.C.P. º998 settlement demand for $15,000. The defendant made a pre-trial offer for $10,000.

Specials in Evidence

$16,962 $8,400; Workers Compensation benefits of $21,255.94

Damages

The plaintiff's vehicle was owned by his employer and there was less than $500 damage to the truck. No claim for property damage was made.

Injuries

The plaintiff alleged that he sustained a low back soft tissue injury which resolved within two to three weeks; a muscle spasm to right forearm that resolved within four months; a partial tear of lunotriquetral ligament in right wrist (identified in January, 1995) requiring arthroscopy as a result of the accident.

Other Information

The verdict was reached approximately one year and two months after the case was filed. A non-binding arbitration was held on June 27, 1995, before David J. Van Til, Esq. resulting in an award of $6,500. The plaintiff requested a trial de novo.

Deliberation

3 hours

Poll

none taken

Length

3 days


#78783

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