Patryce A. Lukes v. Margaret Lorango, Gilbert Garcia, Peskin & Gerson Glass Co.
Published: Nov. 18, 2003 | Result Date: Mar. 13, 2003 | Filing Date: Jan. 1, 1900 |Case number: LC058615 Verdict – $0
Judge
Court
L.A. Superior Van Nuys
Attorneys
Plaintiff
Bruce E. Altschuld
(Law Offices of Bruce E. Altschuld)
Defendant
Experts
Plaintiff
Leon Robb
(medical)
Defendant
Robert M. Wilson M.D.
(medical)
Judson B. Welcher Ph.D.
(technical)
Facts
On Dec. 13, 2000, plaintiff Patryce Lukes, a 47-year-old woman, was driving her 1991 Saab on a road in Los Angeles. Defendant Gilbert Garcia, while in the course and scope of employment with Peskin & Gerson Glass Co., was driving a 1986 pickup behind the plaintiff. As plaintiff was stopped at an intersection, the defendant's vehicle hit the back of the plaintiff's Saab, which sustained damage. The plaintiff sued the defendant and his employer alleging vehicular negligence. The defendants admitted liability.
Settlement Discussions
The plaintiff's final demand was $20,000. The defendants made a C.C.P. Section 998 offer of $15,000.
Specials in Evidence
$40,000 $100,000
Damages
Vehicle damage of $900.
Injuries
The plaintiff sought medical treatment for nerve damage from a physical medicine and rehabilitation specialist a couple of weeks after the accident. Months later, she saw a pain management specialist who testified that he injected the plaintiff's nerve roots without the aid of a fluoroscope. He also performed a cervical facet block. The defendants argued that this was not an injury-producing accident which could have caused the plaintiff's injuries. An expert for the defense testified that it was inappropriate to do procedures without the use of a fluoroscope. He also stated that cervical facet blocks were not recommended because the procedure had a poor success rate, and such charges were excessive.
Result
The jury found for defendants.
Deliberation
one hour
Poll
12-0
Length
three days
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