Chesley R. Houske v. Linbeth Tan-Croce, et al.
Published: Nov. 11, 2003 | Result Date: Oct. 9, 2003 | Filing Date: Jan. 1, 1900 |Case number: YC045542 Verdict – $0
Judge
Court
L.A. Superior Torrance
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Todd Lanman
(medical)
Defendant
Thomas F. Fugger Jr., P.E.
(technical)
Anthony Feuerman
(medical)
Facts
The plaintiff, a 45-year-old dentist, contended that the defendant was negligent in rear-ending his truck with her car. He claimed that the accident aggravated his pre-existing C7 radiculopathy. He claimed neck and upper back pain with numbness and tingling radiating into his right arm, right hand and right index finger. He claimed that these complaints interfered with his practice of dentistry, making work more difficult and requiring him to cut back his practice. He claimed that a future cervical surgery (partial C6-7, C7-T1 vertebrectomy and fusion) was necessary to end the radiculopathy. The defendant admitted liability for the accident and further admitted that the plaintiff had a pre-existing C7 radiculopathy condition. The defendant argued that there was no objective evidence to support that this low speed accident (admitted by the plaintiff's biomechanical expert) caused an aggravation of the plaintiff's pre-existing condition. The plaintiff's pre-accident and post-accident MRIs were essentially the same with no change in condition.
Settlement Discussions
The plaintiff made a C.C.P. Section 998 demand of $99,999.99; the defendant offered $10,000.
Specials in Evidence
$21,439 claim waived at trial $27,000 to $37,000 $150,000
Injuries
The plaintiff claimed that a future cervical surgery (partial C6-7, C7-T1 vertebrectomy and fusion) was necessary to end the radiculopathy.
Deliberation
70 minutes
Poll
9-3 (no causation)
Length
four days
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