Merlene Chand v. Anilta Lala
Published: Feb. 8, 1997 | Result Date: Jun. 19, 1996 | Filing Date: Jan. 1, 1900 |Case number: 388161 Verdict – $5,700
Judge
Court
San Mateo Superior
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Edward M. Katz
(medical)
Defendant
F. Scott Smyth
(medical)
Facts
On Aug. 14, 1993, plaintiff Merlene Chand, a 23-year-old unemployed woman, was driving on Orinda Street. She was at a stop sign when she was rearended by a vehicle operated by defendant Anilta Lala. Although it was not disclosed to the jury, the plaintiff and the defendant were sisters. The plaintiffs, Chand, her husband and their infant, brought this action against the defendant driver based on negligence theories of recovery. The husband and infant settled before trial.
Settlement Discussions
The plaintiffs made a settlement demand for $14,000. The defendant made a C.C.P. º998 offer of compromise for $7,463 (the amount of the arbitration award).
Specials in Evidence
$6,700
Damages
The plaintiffs asked the jury for a total verdict not exceeding $100,000. The defendant suggested medical specials of $1,500 and general damages of $3,000.
Injuries
The plaintiff wife alleged she suffered soft-tissue low-back injury resulting in permanent residuals.
Other Information
The verdict was reached approximately one year and 10 months after the case was filed.ARBITRATION: An arbitration was held on May 17, 1995 before William Esselstein resulting in an award of $7,463. The plaintiffs requested a trial de novo. At the time of the arbitration award, the plaintiff wife's claimed specials were $2,500.
Deliberation
2 hours
Poll
12-0
Length
3 days
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