Confidential
Settlement – $67,000Judge
Court
San Diego Superior
Attorneys
Plaintiff
Defendant
Kellie B. Thompson
(Stratman, Schwartz & Williams-Abrego)
Experts
Plaintiff
Philip Archeletta
(medical)
William L. Tontz M.D.
(medical)
Daniel Rapps
(medical)
George Weiss
(medical)
Gordon Merkle
(medical)
Daniel Munoz
(medical)
Defendant
Albert A. Cutri
(medical)
William P. Curran Jr.
(medical)
Dominick Addario
(medical)
Facts
Plaintiff Adriana Garzon, 17, was a passenger in a car driven by her aunt, plaintiff Reynalda Garzon, 30. Reynalda was five months pregnant at the time. Both women worked for a company that cleaned residential homes for a living. While they were travelling northbound on El Camino Real, the defendant made a left turn in front of them. The two cars collided. The plaintiffsÆ airbags deployed, striking both women in the face. The plaintiffs were trapped in their vehicle until emergency technicians were able to extricate them. The plaintiffsÆ vehicle was totaled. They were taken from the scene to the hospital by ambulance and released later that day. The plaintiffs proceeded on negligence and negligence per se causes of action. The defendant disputed the nature and extent of the plaintiffsÆ injuries.
Settlement Discussions
The plaintiffs had previously made an offer to compromise pursuant to C.C.P. Section 998 for $35,000 for Adriana and $45,000 for Reynalda. Those offers were rejected. Hosey and Bahrambeygui were asked by prior counsel to substitute in as trial counsel five weeks before trial.
Specials in Evidence
$14,000 (Adriana); $13,000 (Reynalda) $5,000 (Adriana); $5,000 (Reynalda) $1,000 (Adriana); $5,000 (Reynalda) $10,000 (Adriana); $25,000 (Reynalda)
Injuries
The plaintiffs treated primarily on a lien basis with a chiropractor and an acupuncturist. Adriana GarzonÆs injuries consisted of lumbar strain/sprain, cervical strain/sprain and TMJ disorder. Reynalda GarzonÆs injuries consisted of lumbar strain/sprain, cervical strain/sprain, TMJ disorder and an L5-S1 disc protrusion into the thecal sac but without nerve compression. Both plaintiffs also claimed severe post-traumatic stress disorder.
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