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
Defendant
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
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