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Personal Injury
Multiple Automobile Accident
Rear-End Collision

Melissa Jagel v. Jose Trinidad Gonzalez, Stephen W. Lyszczek

Published: Nov. 5, 2011 | Result Date: Aug. 31, 2011 | Filing Date: Jan. 1, 1900 |

Case number: BC439244 Verdict –  $13,828

Court

L.A. Superior Central


Attorneys

Plaintiff

Eran Lagstein


Defendant

Dennis E. O'Meara


Experts

Plaintiff

Isaac Regev
(medical)

Defendant

Henry W. Lubow M.D.
(medical)

Lloyd Martin
(technical)

Facts

Melissa Jagel was driving westbound on the 134 Freeway in Los Angeles on Dec. 31, 2008 when she was the first car involved in a three vehicle rear-end collision.

Contentions

PLAINTIFF'S CONTENTIONS:
Jagel filed suit against Jose Gonzalez, the driver of the third vehicle, as well as his employer, Stephen Lyszczek, alleging motor vehicle negligence and vicarious liability. Jagel contended that Gonzalez caused the collision by rear-ending the middle vehicle and driving inattentively in traffic.

DEFENDANT'S CONTENTIONS:
Gonzalez and Lyszczek contended that the middle vehicle was at fault for the accident. Both defense experts claimed that plaintiff was not injured and could not have been injured.

Settlement Discussions

Defendants' top offer was $2,500.

Damages

Jagel sought $8,000 in damages for past medical costs as well as $15,000 for pain and suffering. Plaintiff's vehicle sustained $300 in damage.

Injuries

Jagel claimed back and neck injuries, undergoing chiropractic treatment.

Result

The jury awarded Jagel $13,827.85 in damages, which included $7,500 for pain and suffering.

Other Information

Insurer: Allstate

Deliberation

three hours

Poll

12-0 (liability), 12-0 (causation), 9-3 (damages)

Length

four days


#82340

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