Albert Torres, Diane Torres v. Jay Mathew Durrant
Published: May 10, 2001 | Result Date: Jan. 26, 2001 | Filing Date: Jan. 1, 1900 |Case number: 99CV1407 Verdict – $0
Judge
Court
Jefferson District
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Margie Roach
(technical)
Patricia Pacey
(technical)
J. Scott J. Bainbridge
(medical)
Defendant
Rachel Basse
(medical)
Paul Sunde
(medical)
Facts
On June 5, 1998, Jay Durrant drove his Honda Civic into the rear of Bert TorresÆ pick-up truck. The Torres were
scheduled to leave on vacation the day of the accident and left as planned. On June 15, 1998, when he returned
from vacation, Torres began treatment for injuries and underwent therapy.
On June 1, 1999, he had fusion surgery. The plaintiffs brought a claim against Durrant and against his parents
for negligent entrustment and negligent supervision.
The plaintiffs dismissed the parents from the case. Diane Torres brought a claim for loss of consortium. The
defendant denied PIP threshold, liability, causation and damages.
Settlement Discussions
According to the defendantÆs attorney, the plaintiffsÆ previous attorney made a $100,000 policy limits demand before the first trial. There was a $20,000 statutory final offer of settlement about a year before the first trial.
Injuries
The plaintiff alleged soft tissue injuries to the neck and upper back and psychological injury including depression. The plaintiff underwent physical therapy and massage therapy followed by diagnostic testing and anterior cervical discectomy and fusion surgery at C6. He had two X-rays, an MRI, an epidural steroid injection, CT/myelogram and EMG/NCV. The plaintiff alleged past and future economic losses of $261,800.
Other Information
The plaintiffsÆ motion for a new trial was granted. The jury found damages and negligence, but no causation. The defendant filed a bill of costs.
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