Evelyn Mizak v. Sutter Health Central
Published: Jun. 27, 1998 | Result Date: May 13, 1998 | Filing Date: Jan. 1, 1900 |Case number: 96AS02841 Verdict – $28,069
Judge
Court
Sacramento Superior
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Bud Walker
(medical)
Facts
On Aug. 23, 1995, plaintiff, Evelyn Mizak, a 50-year-old court reporter, was a passenger in a vehicle which was struck by another vehicle driven by the defendant Lerlean Johnson. The defendant was in the course and scope of her employment as a nurse for defendant Sutter Health Central. Defendant Johnson was driving a rental car owned by defendant Enterprise Rent-A-Car. The plaintiff was seen in the emergency room at Kaiser and three days later, began a course of chiropractic treatment which lasted eight months. 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 $14,500 ($21,000 per defendant). The defendants made a C.C.P. º998 offer of compromise for $8,500.
Specials in Evidence
$2,569 $2,137
Injuries
The plaintiff suffered cervical spine strain, resulting in 11 days lost work and eight monhts of chiropractic treatment.
Other Information
The verdict was reached approximately 1+ years after the case was filed. An arbitration was held in May 1997, before retired judge John J. Boskovich, resulting in an award of $21,258. Defendant Enterprise requested a trial de novo. At the time of the arbitration, defendant Sutter Health Center was not a party. Sutter was brought into the lawsuit as a Doe defendant in September 1997.
Deliberation
two hours
Poll
10-2
Length
two days
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