Garrett Prechtl v. Shannon Johnson
Published: May 17, 2001 | Result Date: Mar. 12, 2001 | Filing Date: Jan. 1, 1900 |Case number: 00CC01193 Verdict – $0
Judge
Court
Orange Superior
Attorneys
Plaintiff
Defendant
Patrick J. Gibbs
(Ford, Walker, Haggerty & Behar LLP)
Experts
Plaintiff
Kent S. Marangi
(medical)
Andrew L. Hunt
(technical)
Defendant
Robert M. Wilson M.D.
(medical)
Charles F. Plemons Jr.
(technical)
Facts
Both the plaintiff and defendant were high school students at Capistrano Valley High School. The accident
occurred at lunch time during the school day. The plaintiff and two passengers were en route to lunch in his
1994 Pontiac Grand Am.
The defendant was operating her 1983 Honda Civic with a friend as passenger. The plaintiff pulled onto Via
Escolar and came to a stop in heavy traffic. The defendant also pulled onto Via Escolar and became distracted
when she waived to a friend on the sidewalk.
Upon looking up, she observed the plaintiffÆs vehicle at a stop and immediately slammed on her brakes. A
rear-end impact occurred.
The plaintiffÆs doctors initially diagnosed a Pars interarticularis fracture at L2 as a result of the accident. One
week prior to trial, the plaintiffÆs treating physician determined that the suspected fracture was actually an
aggravation of a non-union of a calcification center, a congenital defect
. The plaintiff was still treating with various doctors at the time of trial, almost two years post incident. He
underwent several courses of physical therapy, a bone scan, CT scan, MRI and various plain film X-rays. In
addition, he was placed in back immobilizer for 3 to 4 months during treatment course.
Specials in Evidence
$17,529 $5,000 $5,000
Damages
The plaintiffÆs vehicle sustained $513 in property damage. According to the plaintiff, the defendant sold her vehicle before property damage could be ascertained.
Injuries
The plaintiff suffered aggravation of a congenital defect, a non-union of a calcification center at L2 with residual constant pain prohibiting plaintiff from all physical activities. The plaintiff claimed that he lost an opportunity of receive a Division I football scholarship valued at approximately $100,000. The plaintiff suffered two years of physical and emotional pain and suffering as general damages.
Other Information
The appeal is pending.
Deliberation
four hours
Poll
10-2
Length
five days
For reprint rights or to order a copy of your photo:
Email
jeremy@reprintpros.com
for prices.
Direct dial: 949-702-5390