Justin Buz' Zard v. Wun Zhun Li c/w Justin Buz' Zard v. Allstate Insurance
Published: Feb. 8, 1997 | Result Date: Aug. 23, 1996 | Filing Date: Jan. 1, 1900 |Case number: KC18003 Arbitration – $25,000
Arbitrator
Court
L.A. Superior Pomona
Attorneys
Claimant
Respondent
Facts
On May 24, 1994, claimant Justin Buz' Zard, a 22-year-old lifeguard and elementary school teacher, was driving northbound on Lemon Avenue in the city of Walnut. Roadwork was underway, and the road construction equipment blocked the claimant's lane of travel. A road crewman raised a hand-held stop sign and the claimant stopped. The defendant driver, Wun Zhun Li, failed to stop. The defendant's vehicle collided into the rear of the claimant's vehicle. The claimant brought an action against the driver based on negligence theories of recovery. After the underlying case settled for $15,000 (policy limits), the claimant filed an underinsured motorist claim against his own carrier, the respondent insurance company.
Settlement Discussions
The claimant made a C.C.P. º998 settlement demand for $15,000, which was accepted by the defendant's carrier. The claimant made an additional claim for $15,000 on his underinsured motorist claim. The respondent insurance company made a settlement offer of $750 on the underinsured motorist claim.
Specials in Evidence
$5,760 $2,144.84
Injuries
The claimant alleged that he suffered soft-tissue injuries to the neck, lower-back and abdomen. The claimant also claimed he needed four months of physical therapy and continues to suffer lower-back pain and stiffness.
Other Information
The award was rendered approximately two years and three months after the accident.
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