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
Defendant
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
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