Dorothy Marlow v. Jorge Torres Rodriguez
Published: Jun. 15, 2004 | Result Date: Apr. 26, 2004 | Filing Date: Jan. 1, 1900 |Case number: 03CC02019 Verdict – $127,211
Judge
Court
Orange Superior
Attorneys
Plaintiff
David P. Crandall
(Law Offices of David P. Crandall)
Defendant
David B. Wasson
(Wasson & Associates Inc.)
Experts
Plaintiff
Semira Bayati
(medical)
Rick F. Pospisil
(medical)
Facts
On July 24, 2002, at about 4:30 p.m., plaintiff Dorothy Ann Marlow, was driving a 1994 Mercury Cougar on Trident Lane in the city of Huntington Beach. The defendant was parked against the curb in a 1987 Toyota stake bed truck. The plaintiff was traveling southbound on Trident Lane at or near the location of where it comes to a "T" intersection. Before reaching the intersection, the defendant pulled out from the curb and struck the plaintiff's vehicle. The passenger side of the plaintiff's vehicle was hit causing the steering wheel to jerk to the left while the plaintiff was holding the wheel. The defendant admitted liability.
Settlement Discussions
The plaintiff made a C.C.P. Section 998 demand of $350,000. The defendant made a C.C.P. Section 998 offer of $155,000. The plaintiff subsequently demanded $250,000 but indicated a willingness to accept $225,000. The defendant offered $175,000 was indicated a willingness to settle for $200,000.
Injuries
The plaintiff suffered a severe fracture to the left wrist, and reflex sympathetic dystrophy requiring surgery and the placement of a permanent plate in the wrist. A second surgery to remove the surgical pins was done on Sep. 25, 2002. Intense occupational therapy was begun in September 2002 and continued until July 2003. The plaintiff could not return to work for the year between July 2002 and July 2003. The defendant admitted liability but argued that the plaintiff did not suffer respiratory distress syndrome and should not have taken off work for a year and that she failed to mitigate her damages by prolonged treatment.
Result
The defendant submitted a cost bill to seek a reduction of the verdict by both statutory and expert witness fees.
Other Information
PLEASE PROVIDE THE NAME OF THE JUDGE
Deliberation
three hours
Poll
12-0
Length
three days
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