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Personal Injury (Vehicular)
Auto v. Auto
Sideswipe Collision

Michael Milker v. Albert Deitsch

Published: May 24, 2001 | Result Date: May 2, 2001 | Filing Date: Jan. 1, 1900 |

Case number: EC26910 Verdict –  $212,330

Judge

Charles W. Stoll

Court

L.A. Superior Glendale


Attorneys

Plaintiff

James Powell

C. Michael Alder
(AlderLaw PC)


Defendant

Kevin N. Heffernan
(Friedenthal, Heffernan & Brown LLP)


Experts

Plaintiff

Peter R. Francis Ph.D.
(technical)

Jan H. Merman M.D.
(medical)

Defendant

Steven J. Bellino
(technical)

Michael A. Wienir M.D.
(medical)

Facts

On Oct. 6, 1999, the defendant attempted to change lanes on Cahuenga Boulevard, near Lankershim Boulevard.
During the turn, the defendant sideswiped the plaintiffÆs vehicle. The plaintiff said he was fine at the scene and
no police report was taken.

Settlement Discussions

A mediation and crash settlement failed to settle the cases. The plaintiff demanded $215,000 at the crash settlement. The plaintiffÆs final demand was $175,000 pursuant to C.C.P. Section 998. The defendant made a C.C.P. Section 998 offer of $40,000.

Specials in Evidence

$15,800 $155,000

Deliberation

four hours

Poll

12-0 (liability), 12-0 (damages), 10-2 (comparative fault)

Length

four days


#80785

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