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Personal Injury (Vehicular)
Automobile Accident
Negligence

King v. Janowitz

Published: Mar. 27, 1999 | Result Date: Sep. 9, 1998 | Filing Date: Jan. 1, 1900 |

Case number: CV9713043 Verdict –  $10,985

Judge

John Foreman

Court

Maricopa Superior


Attorneys

Plaintiff

Richard C. Gramlich


Defendant

Lloyd J. Andrews


Experts

Plaintiff

William Covey
(medical)

Facts

On Feb. 26, 1996, the plaintiff, a 48-year-old used car sales manager, was stopped for a red light, when the defendant failed to control the speed of her vehicle, and struck the car directly behind the plaintiff, propelling it into the plaintiff's vehicle. Liability was admitted. The plaintiff brought this action against the defendant based on a negligence theory of recovery.

Settlement Discussions

The plaintiff made a settlement demand for $13,999. The defendant made an offer for $9,800.

Specials in Evidence

$5,500

Injuries

The plaintiff sustained neck, thoracic and lumbar pain and lumbar and thoracic sprain/strain, which required spinal manipulations, myofascial release and mechanical traction.

Other Information

The verdict was reached approximately one year and two months after the case was filed. An arbitration was held on Feb. 13, 1998, before Randall L. Stowell, who awarded plaintiff $14,500 compensatory damages, plus $152.25 in taxable costs for a total arbitration award in the amount of $14,652.25. The defendant appealed arbitration award and case proceeded to trial before the Hon. John Foreman. The jury awarded plaintiff $10,500 plus taxable costs in the amount of $434.25 for a total judgment in the amount of $10,984.25.

Deliberation

2½ hours

Length

two days


#80326

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