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Personal Injury
Auto v. Truck
Rear-End Collision

Bobby Nelson, Mittie Nelson, Casualty Reciprocal Exchange v. Willie Clay, Hertz Corporation

Published: Oct. 21, 2003 | Result Date: Jun. 11, 2003 | Filing Date: Jan. 1, 1900 |

Case number: YC043170 Verdict –  $0

Judge

Lois Anderson Smaltz

Court

L.A. Superior Torrance


Attorneys

Plaintiff

Kenneth L. Gibson


Defendant

Joseph A. Heath


Experts

Plaintiff

Kyle Landauer
(medical)

Defendant

Charles F. Plemons Jr.
(technical)

James T. London M.D.
(medical)

Facts

On March 15, 2001, the plaintiff Bobby Nelson, a security guard in his late 60s, was riding in a 1998 Ford Ranger while in the course and scope of his employment at Los Angeles International Airport. Defendant Willie Clay, while in the course and scope of his employment with Hertz Corporation, subsequently rear-ended the plaintiff's truck with his 2001 Ford Escort. The plaintiff Bobby Nelson and his wife sued the defendant Clay, and Park Ridge, New Jersey-based Hertz Corporation and alleged vehicular negligence. The plaintiff-in-intervention, Casualty Reciprocal Exchange, which paid workers' compensation benefits to the plaintiff, also joined in the lawsuit, but dismissed prior to trial.

Settlement Discussions

The plaintiff initially demanded $300,000; and his wife for $100,000. These demands were reduced to $100,000 collectively. The defendants offered $20,000.

Specials in Evidence

$20,000

Damages

The plaintiff wife claimed loss of consortium. The workers' compensation lien was approximately $40,000.

Injuries

The plaintiff alleged that he continued to suffer from disabling residual complaints, including the inability to enjoy a variety of physical activities.

Deliberation

three hours

Poll

10-2

Length

five days


#83665

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