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CONFIDENTIAL

Oct. 28, 2003

Personal Injury
Auto v. Auto
Left Turn Collision

Confidential

Settlement –  $67,000

Judge

Thomas P. Nugent

Court

San Diego Superior


Attorneys

Plaintiff

Patrick L. Hosey

Sherry S. Bahrambeygui


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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