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Personal Injury
Automobile Accident
Rear-End Collision

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

Steven L. Dylina

Court

San Mateo Superior


Attorneys

Plaintiff

Gerard A. Hurtubise


Defendant

David L. Blinn


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


#79189

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