David Reed; Sheet Metal Engineering Inc. v. Conrad Stettedahl; Conrad's Roofing Company
Published: Jun. 13, 1998 | Result Date: Jan. 26, 1998 | Filing Date: Jan. 1, 1900 |Case number: SC013314 Verdict – $59,435
Judge
Court
Ventura Superior
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Brian K. Padveen
(medical)
Isaac Regev
(medical)
Karel Vaughan
(medical)
Defendant
Michael A. Weiner
(medical)
Irvin Gettleman
(medical)
Brian J. Killeen
(medical)
Facts
Both parties were driving eastbound on Highway 118 when cars in front of the plaintiff were slowing for police and ambulance activity. The plaintiff's Corvette was rammed by the defendant's truck. The defendant allegedly failed to notice that cars were slowing. The plaintiff was treated and released from the emergency room. Chiropractic treatment led to referral to a neurologist for head trauma syndrome and to an orthopedic surgeon, and, eventually, for neurodiagnostic testing which proved positive. Eventually, the post-concussion syndrome symptoms abated substantially; and the cervical and lumbar symptoms also improved substantially with treatment by the rehabilitation specialist. The plaintiff brought this action against the defendant based on a negligence theory of recovery.
Settlement Discussions
The plaintiff made a final settlement demand for $50,000. The defendant made a final offer of compromise for $25,000 with the $10,000 property loss to be tried in the Municipal Court.
Specials in Evidence
$16,000 $10,000 bonus; $6,400 as a lost down-payment on the leased Corvette, which was totaled and $3,600 in car rental expenses
Injuries
The plaintiff claimed to sustain head trauma syndrome and required medical treatment and cervical and lumbar exercises for the indefinite future. However, defense doctors alleged that he overtreated with the chiropractor, and that the neurodiagnostics studies did not support nerve root problems that would justify treatment beyond 2-3 months.
Other Information
The verdict was reached approximately two years and three months after the case was filed. An arbitration was held on June 24, 1996, before Robert Bride of Engle & Bride, resulting in an award of $62,500. (Per plaintiff, the defendant contended that $20,000 to $30,000 of that award was for property damage.) The defendant requested a trial de novo.
Poll
11-1
Length
six days
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