Dominic Elias and Cedric Elias v. Sandra Mongenel and Samantha Shepard, et al.
Published: Mar. 1, 1997 | Result Date: Feb. 5, 1997 | Filing Date: Jan. 1, 1900 |Case number: KC020469 – $72,500
Judge
Court
L.A. Superior Pomona
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Steven H. Barag
(medical)
Defendant
John L. Howard
(medical)
Facts
On June 25, 1995, plaintiffs Dominic Elias, a 19-year-old student and Cedric Elias, a 40-year-old attorney, were proceeding through a signal controlled intersection when their vehicle collided with a vehicle operated by the defendant. Each party claimed that they entered at the intersection on a green light. The plaintiffs brought this action against defendants based on negligence theories of recovery.
Settlement Discussions
The plaintiffs made a C.C.P. º998 settlement demand for $15,000 (policy limit). The defendants made a C.C.P. º998 offer of compromise for $5,000 (per the defendants); $2,500 (per the plaintiffs)
Specials in Evidence
$2,600 $35,000
Injuries
Plaintiff Cedric Elias claimed he suffered a herniated disc at L4-5 and L5-S1.
Other Information
The verdict was reached approximately one year and six months after the case was filed. ARBITRATION: An arbitration was held in January 1997 before William McVittie of Pomona Superior Court resulting in a $30,000 award for the plaintiffs. The defendants requested a trial de novo. SETTLEMENT CONFERENCE: At the mandatory status conference, the court indicated on the record that plaintiff felt that the carrier (Allstate) had opened up the policy by failing to accept the C.C.P. 998 offer and that if it did not pay the resulting judgment that it would face a possible bad faith action. During trial, the court denied a 402 hearing on the issue of the plaintiffs' expert Dr. Barag's, qualifications to recommend back surgery. During cross-examination, Dr. Barag stated that he was not qualified to recommend back surgery.
Deliberation
+ day
Poll
12-0
Length
4 days
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