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Personal Injury
Auto v. Auto
Broadside Collision

John Yoshitake, Jennifer Yoshitake v. Alois Geiger

Published: Nov. 5, 2011 | Result Date: May 26, 2011 | Filing Date: Jan. 1, 1900 |

Case number: 30-2010-00384469-CU-PA-CJC Verdict –  $465,970

Court

Orange Superior


Attorneys

Plaintiff

John M. Raders


Defendant

Laura L. Davidson


Experts

Plaintiff

Brian R. Perri
(medical)

David Dawson
(medical)

Defendant

Steven J. Nagelberg M.D.
(medical)

Facts

On Jan. 30, 2009, plaintiff John Yoshitake, 48, a stock broker, was driving eastbound on St. Andrews Drive in Seal Beach. At approximately 6:30 p.m., while waiting to make a left turn onto northbound Seal Beach Boulevard, the driver side door of Yoshitake's car was struck by a vehicle operated by Alois Geiger, traveling southbound on Seal Beach. Yoshitake claimed injuries primarily to his neck, back and left leg.

Yoshitake sued Geiger. His wife sued for a loss of consortium, and settled her case with Geiger for $10,000 prior to trial.

Geiger admitted liability for the accident, and the matter proceeded to trial on damages only.

Contentions

PLAINTIFFS' CONTENTIONS:
Plaintiff alleged defendant was negligent in the operation of his vehicle, causing the accident and his personal injuries.

Settlement Discussions

Demand: $1.1 million; Offer: $200,000.00, raised to $340,000.00

Specials in Evidence

$68,000

Injuries

Fractured fibula; low back microdiskectomy; and alleged unoperated cervical disks.

Result

The jury awarded Yoshitake $465,970.45 in total damages, which combined with his wife's $10,000 settlement, resulted in a $475,970.45 net recovery for plaintiffs.

Other Information

Insurer: State Farm Mutual Automobile Insurance Co. for Geiger

Deliberation

one day

Poll

11-1

Length

two weeks


#82344

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