Kimoto v. Hernandez
Published: May 30, 1998 | Result Date: Apr. 7, 1998 | Filing Date: Jan. 1, 1900 |Case number: BC164143 Verdict – $9,253
Judge
Court
L.A. Superior Central
Attorneys
Plaintiff
Paul T. Suzuki
(ADR Services, Inc.)
Defendant
Experts
Plaintiff
Richard P. Pollis
(medical)
Kazumitsu Nakajima
(medical)
Defendant
Jeffrey I. Korchek
(medical)
Facts
On July 19, 1996, plaintiff Nobuaki Kimoto, was driving his motorcycle. The defendant was traveling southbound on Grand in the No. 1 lane, made a left turn and collided with the plaintiff who was driving through the intersection. The plaintiff brought this action against the defendant based on a negligence theory of recovery. The plaintiff contended the defendant turned left when the plaintiff had a green light. The defendant contended the defendant turned left when plaintiff had a red light.
Settlement Discussions
The plaintiff made a C.C.P. º998 settlement demand for $17,999. The defendant made a C.C.P. º998 offer of compromise for $16,001.
Specials in Evidence
$9,243
Damages
The plaintiff claimed damages for $717 for motorcycle gear; $85 for towing; $10,500 for loss of use and $600 for unpaid property damage.
Injuries
The plaintiff suffered soft tissue injuries to his neck, upper and lower back, left forearm, right shoulder, right hip, left and right knees and right shin. He also claimed injury to his head and continuous headaches. He claimed residual headaches, neck pain, back pain, left rib pain and right shoulder pain.
Other Information
The verdict was reached approximately one year and four months after the case was filed. ARBITRATION: A non-binding arbitration was held on Aug. 27, 1997, before attorney Glen E. Tucker, resulting in an award to plaintiff of $18,152.84 plus costs. The defendant filed a trial de novo.
Poll
10-2; Comparative liability: 40 percent (plaintiff), 60 percent (defendant)
Length
five days
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