Harry Rosenfeld v. Josef Pesso, Yavneh Hebrew Academy, et al.
Published: Oct. 7, 2003 | Result Date: May 30, 2003 | Filing Date: Jan. 1, 1900 |Case number: BC268106 Verdict – $189,655
Judge
Court
L.A. Superior Central
Attorneys
Plaintiff
Defendant
James F. B. Sawyer
(Mavredakis Phillips Cranert)
Experts
Plaintiff
Chadwick E. Smith
(medical)
Defendant
Keith E. Liberman M.D.
(medical)
Facts
On Feb. 16, 2001, the plaintiff's vehicle was struck in the rear by a passenger van driven by the co-defendant Josef Pesso, who was an employee of the co-defendant Yavneh Hebrew Academy. The incident took place while the plaintiff was stopped behind another vehicle.
Settlement Discussions
The plaintiff made a C.C.P. Section 998 offer of $100,000. The defendants made a C.C.P. Section 998 offer of $8,000. There was a subsequent offer at trial of $40,000.
Specials in Evidence
$46,984 None $7,500 to $15,000 $35,000
Injuries
Disc bulge protruding in the left lateral foramen at C3-4 and at C4-5 disc to the right. Disc bulge to the left side greater than right at C5-6. Disc bulge at C6-7. Headaches, radiating pain in the neck, shoulders, left elbow, left arm and mid-back, lower back, loss of sleep, anxiety and depression.
Result
$98,495 economic damages; $75,000 non-economic damages; $16,161 C.C.P. interest and costs
Deliberation
six hours
Length
five days
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