Dana Melton v. Saitama Nissan
Published: Oct. 18, 1997 | Result Date: Sep. 19, 1997 | Filing Date: Jan. 1, 1900 |Case number: N72270 – $194,198
Judge
Court
San Diego Superior
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
John M. Seelig
(medical)
John Baker
(technical)
Shen Ye Wang
(medical)
Defendant
Peter R. Francis Ph.D.
(technical)
Lawrence Marshall
(medical)
W.R. Rusty Haight
(technical)
Facts
On Oct. 23, 1995, the plaintiff, a 51-year-old bookkeeper, was rear-ended while at a stoplight. The collision ocurred at low speed and resulted in minimal ($300) property damage. Plaintiff sought treatment 12 hours later for her neck which she claimed was rotated to the left at impact. Plaintiff later underwent surgery for a herniated disc. The plaintiff brought this action against the defendant based on a negligence theory of recovery.
Settlement Discussions
The plaintiff made a C.C.P. º998 settlement demand for $399,000 reduced to $200,000 at trial. The defendant made a C.C.P. º998 offer of compromise for $25,000, increased to $40,000 at trial (per plaintiff). Per the defendant, plaintiff made a settlement demand of $1 million lowered to $399,000 just prior trial and defendant's offer was increased to $50,000 at trial.
Specials in Evidence
$61,886 (disputed) $42,984 (disputed) $14,328 (disputed)
Injuries
The plaintiff claimed she suffered a herniated cervical disc with discectomy/fusion and some residuals requiring surgery.
Other Information
The verdict/settlement award was reached approximately 11 months after the case was filed. Defendant reports that, over its objection, the court gave BAJI 14.66 for additional injury caused by medical negligence based upon Dr. Marshall's testimony that the disc herniation was not caused by the accident and therefore the surgery was not necessary. POST TRIAL MOTIONS: Motion for new trial set Oct. 24, 1997.
Deliberation
six hours
Poll
12-0 (negligence), 9-3 (causation), 10-2 (damages)
Length
four days
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