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Personal Injury (Vehicular)
Automobile Accident
Rear-End Collision

Richard Dussaigne v. Michael Moran

Published: Mar. 8, 1997 | Result Date: Feb. 6, 1997 | Filing Date: Jan. 1, 1900 |

Case number: CIV159813 –  $0

Judge

Burt Henson

Court

Ventura Superior


Attorneys

Plaintiff

Earnest C.S. Bell


Defendant

Diane Wegner Bush


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 Per the defendant, the defendant made a C.C.P. º998 offer of compromise for $5,001 prior to trial which was revoked during trial.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


#79364

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