Kendall v. Heidenthal
Published: Jul. 27, 2004 | Result Date: Mar. 18, 2004 | Filing Date: Jan. 1, 1900 |Case number: GIC801755 Verdict – $408,252
Judge
Court
San Diego Superior
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
James Scalone
(medical)
Defendant
William P. Curran Jr.
(medical)
Facts
The 88-year-old plaintiff alleged aggravation of pre-existing arthritis in her right knee, resulting from an intersection accident in El Cajon. The plaintiff went to the doctor the following day. Medical records reflected no complaints relating to the right knee and no positive x-ray findings. Medical records did not reflect complaints of right knee pain until two weeks post accident. Records indicated that the plaintiff complained that she fell on four separate occasions after the accident and also complained that she "hurt her right knee" before the accident. The plaintiff alleged trauma aggravating pre-existing right knee arthritis which caused pain which could not be surgically repaired due to the plaintiff's pre-existing heart condition. The defense argued that the knee pain was not caused by the accident.
Settlement Discussions
The plaintiff demanded $100,000; the defense offered $7,500.
Specials in Evidence
$16,252
Injuries
Alleged trauma aggravating preexisting right knee arthritis which caused unbearable pain which could not be surgically repaired due to the plaintiff's pre-existing heart condition. The defense argued that the knee pain was not caused by the accident.
Other Information
The defendant's motion for new trial/remittitur was denied.
Deliberation
one day
Length
three days
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