Jon Brill v. Florence Alper
Published: Nov. 23, 1996 | Result Date: Oct. 25, 1996 | Filing Date: Jan. 1, 1900 |Case number: SC022119 – $350,000
Judge
Court
L.A. Superior Central West
Attorneys
Plaintiff
Defendant
Mark J. Giannamore
(Vaziri Law Group APC)
Experts
Plaintiff
Thomas C. Thomas
(technical)
Michael Allison
(technical)
Carrie Hymanson
(medical)
Gary T. Moran
(technical)
Walter O'Brien
(medical)
Defendant
Peter M. Burkhard
(technical)
Michael Shlens
(medical)
Facts
On May 5, 1993, an unwitnessed auto-bike collision occurred in Los Angeles at National Avenue near its intersection with Westwood Blvd. National Avenue has two westbound lanes at the site of the accident. At the time of the accident, plaintiff Jon Brill, a 33-year-old self-employed trader of baseball memorabilia, was operating his 10-speed road bike in the westbound curb lane on National. Defendant Alper was operating his vehicle in the westbound center lane, when he allegedly cut in front of and across the plaintiff's path of travel, in order to enter the driveway of a shopping center which opened up off the curb lane. The plaintiff hit his brakes but was unable to avoid striking the extreme right rear of the defendant's vehicle. The defendant, unaware that a collision had occurred, continued into the parking lot where she was approached by the plaintiff who advised her of the accident. The plaintiff brought this action against the defendant based on negligence theories of recovery.
Settlement Discussions
The plaintiff made a C.C.P. º998 settlement demand for $100,000. The defendant made a C.C.P. º998 offer of compromise for $500 which was raised to a C.C.P. º 998 offer of $20,000 and thereafter was rejected. On the first day of trial, the parties engaged in settlement discussions before the trial judge; the plaintiff offered to settle the case for $160,000. The defendant rejected the plaintiff's offer and the case proceeded to trial.
Specials in Evidence
$34,000 $350,000 $50,000 $92,100
Injuries
The plaintiff claimed bilateral knee injuries, a partial tear of the left lateral meniscus and chondromalacia and patellar maltracking to both knees. Knee surgery was conducted to repair the partial meniscal tear and ligamentous releases were performed for the patellar maltracking.
Other Information
The verdict was reached approximately three years after the case was filed. EXPERT TESTIMONY: Dr. O'Brien testified that the plaintiff sustained the above-noted knee and back injuries as a result of the accident and required bilateral knee surgery. Dr. O'Brien further testified that as a result of the accident, the plaintiff developed traumatically induced arthritic changes which would require future non-surgical and surgical care. Defense medical expert Shlens testified that the medical records, the only documents he was provided by defense counsel, did not reflect any injury caused by the accident which required treatment other than a strain to the right knee and low-back strain. The defendant's expert bioengineer, Burkhard, testified that the defendant was on National Blvd. before the plaintiff and that the plaintiff's alleged injuries could not have occurred as a result of the subject accident because the plaintiff was not thrown from his bike in the impact and sustained no lacerations or bruises to any part of his body. POST TRIAL MOTIONS: The plaintiff has moved to insert prejudgment interest in the amount of aproximately $48,232. Pursuant to the C.C.P. º998 offer, the plaintiff will also move for recovery of expert fees and other compensable costs in the approximate sum of $75,000. The plaintiff anticipates that the total verdict without consideration of taxable costs will exceed $470,000.
Deliberation
2 days
Poll
12-0 (negligence), 11-1 (damages), 12-0 (no comparative negligence)
Length
11 days
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