A. Lawrence Tabor v. Mark Milius
Published: Jul. 20, 2004 | Result Date: Apr. 21, 2004 | Filing Date: Jan. 1, 1900 |Case number: 02CC12685 Verdict – $0
Judge
Court
Orange Superior
Attorneys
Plaintiff
Kyle J. Scott
(Kyle Scott Law, PLC)
Defendant
K. Robert Gonter Jr.
(Gates, Gonter, Guy, Proudfoot & Muench LLP)
Experts
Plaintiff
Jennifer Simpson
(medical)
Defendant
Howard Krause
(medical)
Facts
On Aug. 9, 2001, the plaintiff, a 67-year-old retiree, was backing his Toyota Camry out of a parking stall in a business parking lot in Aliso Viejo. At the same time, Mark Milius, the defendant, was driving his GMC Yukon in reverse through the parking lot. The Camry and the Yukon then collided.
Settlement Discussions
The plaintiff made a C.C.P. Section 998 demand of $500,000, with an indication that nothing less than $175,000 would be accepted. The defendant made a C.C.P. Section 998 offer of $50,000.
Specials in Evidence
$15,000
Damages
$7,900 (damages to the plaintiff's vehicle).
Injuries
The plaintiff claimed neck, back, shoulder, hip and eye injuries. A CT scan of his head showed that he required eye surgery. The defense contended that the plaintiff's strabismus was caused by intermittent exotropia, which was congenital as testified by defense medical expert.
Result
Prior to trial, the case went into non-binding arbitration and the plaintiff was awarded $38,000. The plaintiff rejected the award and the case proceeded to trial.
Other Information
The plaintiff's expert, Jennifer Simpson testified that the eye injury was the result of a motor vehicle accident and ruled out any other causes.
Deliberation
three hours
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