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Personal Injury (Vehicular)
Automobile Accident
Infliction of Emotional Distress

Evelyn Hammer v. Felicia Cheri Wilson

Published: Nov. 23, 1996 | Result Date: Sep. 26, 1996 | Filing Date: Jan. 1, 1900 |

Case number: 759047 –  $122,146

Judge

Gary P. Ryan

Court

Orange Superior


Attorneys

Plaintiff

David Glubok


Defendant

Wayne Hunkins


Experts

Plaintiff

Karen Redding
(medical)

Edward Kaufman
(medical)

Defendant

Arnold D. Purisch M.D.
(medical)

Facts

On Aug. 3, 1995, plaintiff Evelyn Hammer, a 70-year-old homemaker, claimed that defendant Felicia Cheri Wilson ran a red light causing a right angle T-bone collision. The plaintiff's husband of 47 years suffered a broken neck and paralysis in the accident. The plaintiff brought this action against the defendant based on wrongful death, negligence and Dillon v Legg theories of recovery. The plaintiff setled the wrongful death claim and proceeded to trial on the Dillon v. Legg claim only.

Settlement Discussions

The plaintiff made a C.C.P. º998 settlement demand for $100,000 (policy limits) increased to $750,000 before trial. At trial, the plaintiff demanded $1,752,000. The defendant made a C.C.P. º998 offer of compromise for $50,000 before trial.

Specials in Evidence

$2,500 medical and $6,000 psychological $1,000 per month for lifetime of psychological treatment.

Injuries

The plaintiff claimed soft tissue injuries and post traumatic stress disorder caused by seeing her husband injured (which resulted in his death).

Other Information

The plaintiff's husband died six weeks after the accident.

Deliberation

1+ days

Poll

10-2 (liability); 9-3 (damages)

Length

5 days


#78945

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