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Personal Injury
Auto v. Truck
Rear-End Collision

Marilyn Hodge v. Jose D. Perez, et al.

Published: May 2, 1998 | Result Date: Apr. 2, 1998 | Filing Date: Jan. 1, 1900 |

Case number: KC020820 Verdict –  $60,063

Judge

C. Edward Simpson Jr.

Court

L.A. Superior Pomona


Attorneys

Plaintiff

Richard LeBell Morgan


Defendant

Jay S. McClaugherty
(McClaugherty & Associates)


Experts

Plaintiff

Humberto A. Galleno
(medical)

Defendant

Keith E. Liberman M.D.
(medical)

Facts

On April 18, 1996, plaintiff Marilyn Hodges, a 48-year-old purchasing agent, was stopped at a red light at the Azusa Avenue exit on the 10 freeway when her vehicle was rear-ended by defendant Jose Perez' truck, causing her vehicle to impact the vehicle in front. The plaintiff brought this action against the defendants, the driver and his employer, based on a negligence theory of recovery.

Settlement Discussions

The plaintiff made a C.C.P. º998 settlement demand for $25,000. The defendant made a C.C.P. º998 offer of compromise for $15,388.

Specials in Evidence

$10,063 $1,108

Injuries

The plaintiff alleged severe cervical sprain, causing pre-existing osteoarthritis to become symptomatic. She also alleged permanent and chronic neck pain despite physical therapy, cortisone injections and medication.

Other Information

The verdict was reached approximately one year and one month after the case was filed. ARBITRATION: An arbitration was held on Nov. 13, 1997, before T. Fitzgerald Smith, resulting in an award of $25,000. The defendant requested a trial de novo.

Deliberation

3½ hours

Poll

10-2

Length

4½ days


#79924

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