Diane S. Bubion v. Tracy Lynn Davenport
Published: Nov. 8, 1997 | Result Date: Aug. 14, 1997 | Filing Date: Jan. 1, 1900 |Case number: VC021102 – $44,000
Judge
Court
L.A. Superior Norwalk
Attorneys
Plaintiff
Christopher B. Townsley
(Law Offices of Stratman & Williams-Abrego, PO)
Defendant
Thomas Moore
(Office of the U.S. Attorney, Tax Division)
Experts
Plaintiff
Julio Westerband
(medical)
Defendant
Phillip J. Kanter
(medical)
Facts
On Jan. 22, 1995, plaintiff Diane Bubion, a 31-year-old woman, was traveling westbound on Del Amo Street. Defendant Tracy Davenport's vehicle broadsided the plaintiff's vehicle, causing it to spin around and catch fire. The defendants admitted liability. The plaintiff brought this action against the defendants based on a negligence theory of recovery.
Settlement Discussions
The plaintiff made a C.C.P. º998 settlement demand for $49,999. The defendant made a C.C.P. º998 offer of compromise for $25,000.
Specials in Evidence
$20,021 $ _______ $2,100, rental car $1,438 $37,070
Injuries
The plaintiff claimed a small laceration to her forehead as well as multiple contusions to the chest and knee. The plaintiff was hospitalized for two days, and thereafter, she underwent physical therapy and additional care and testing. She has residual low back and knee pain which may possibly require future surgery.
Other Information
The verdict was reached approximately one year and eight months after the case was filed. A mandatory settlement conference was held on March 11, 1997 before Daniel S. Pratt of the Norwalk Superior Court. It did not resolve the matter. Judge Frisco ruled after trial that Propostion 213 was not constitutional as applied retroactively to this issue. Defendants have filed an appeal on the Proposition 213 issue.
Deliberation
1+ days
Poll
10-2
Length
five days
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