Richard Dussaigne v. Michael Moran
Published: Mar. 8, 1997 | Result Date: Feb. 6, 1997 | Filing Date: Jan. 1, 1900 |Case number: CIV159813 – $0
Judge
Court
Ventura Superior
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
David D. Eckerson
(medical)
Defendant
Roderick D. Stroud
(technical)
Milton E. Ashby
(medical)
Facts
On Oct. 26, 1994, plaintiff Richard Dussaigne, a 37-year-old man, was stopped at a stop sign at the intersection of Beardsley and Central in Camarillo. Defendant Michael Moran's vehicle was stopped behind the plaintiff's vehicle. As the plaintiff pulled into the intersection, the defendant also began to move forward in anticipation of the plaintiff turning right onto Central. In the middle of the intersection, the plaintiff came to a sudden stop and the defendant, unable to stop in time, made contact with the right mid-bumper of the plaintiff's vehicle. There was virtually no damage to plaintiff's car. The plaintiff brought this action against the defendant based on negligence theories of recovery.
Settlement Discussions
The plaintiff made a settlement demand for $50,000 prior to trial. According to plaintiff's attorney, the plaintiff was willing to take $15,000. Per the defendant, the defendant made a C.C.P. º998 offer of compromise for $5,001 prior to trial which was revoked during trial. According to the plaintiff, the defendant increased the offer to $10,000 prior to trial.
Specials in Evidence
$4,993 $5,000 $30,000
Injuries
According to the defendant, the plaintiff had a successful laminectomy in 1990 at the C5-C8 level and admitted to having sporadic chiropractic therapy to his low back between 1990 and this accident. After reviewing an MRI film in February 1995, the plaintiff's orthopedic surgeon recommended possible surgery to the area of C4-C5 for a 3mm+ disc bulge.
Other Information
An arbitration resulted in an award of $19,500.
Deliberation
1+ hours
Poll
11-1
Length
3 days
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