Soqui v. Ramirez
Published: Mar. 25, 2000 | Result Date: Nov. 30, 1999 | Filing Date: Jan. 1, 1900 |Case number: SM110056 Verdict – $0
Judge
Attorneys
Plaintiff
Defendant
David N. Tedesco
(Henderson & Borgeson)
Experts
Plaintiff
Alan Edelman
(medical)
Defendant
Alan P. Moelleken M.D.
(medical)
Jai Singh M.S., M.A.
(technical)
Facts
Defendant admitted liability for a rear-end collision on Sept. 22, 1997 in Santa Maria. The plaintiff underwent L4-5 diskectomy and fusion surgery 16 months prior to the accident.
The plaintiff contended that his prior condition rendered him more susceptible to injury from the collision. He further contended that the accident caused significant flare-up of his low back symptoms and complaints.
The defendant contended that the impact from the accident was so minimal that plaintiff was not injured.
Settlement Discussions
The plaintiffs C.C.P. Section 998 demand was for $2,999.99. The defendantÆs C.C.P. Section 998 offer was $1,000 on June 10, 1999.
Specials in Evidence
$3,600
Injuries
Soft tissue aggravation to fragile lower back.
Other Information
The case was originally filed in Superior Court with the contention of necessity for future surgery. The demand was reduced from the policy limits in the original filing to $2,999.99 before the trial. This reduction moved the action to a court of limited jurisdiction, where the jury determined that no injury occurred in the accident.
Deliberation
one hour
Poll
12-0
Length
two days
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