Margaret Loya v. Albino Martinez
Published: Jan. 1, 2010 | Result Date: Oct. 5, 2009 | Filing Date: Jan. 1, 1900 |Case number: PC042724 Verdict – $22,353
Court
L.A. Superior Chatsworth
Attorneys
Plaintiff
Robert S. Scuderi
(Law Office of Robert S. Scuderi)
Defendant
Thomas W. Shaver
(Shaver, Korff & Castronovo LLP)
Experts
Plaintiff
Gil Tepper
(medical)
Defendant
Anthony F. Feuerman
(medical)
Facts
On June 16, 2006, a sport utility vehicle owned and driven by Albino Martinez struck the front of a vehicle driven by Margaret Loya. Loya brought an action against Martinez, alleging motor vehicle negligence.
Contentions
PLAINTIFF'S CONTENTIONS:
Loya claimed that Martinez ran a red light.
DEFENDANT'S CONTENTIONS:
According to plaintiff's counsel, Martinez contended that Loya continued to work and that Loya's injuries, which developed two years post-accident, were not related to the accident.
Settlement Discussions
Martinez offered $50,000, his insurance policy limit. Loya contended that the lid was off the policy.
Damages
Loya sought past medicals amounting to $115,000, future medicals amounting to $44,000, past lost earnings amounting to $60,000, future lost earnings amounting to $12,000, past non-economic damages from $180,000 to $200,000, and future non-economic damages from $240,000 to $480,000.
Injuries
Loya suffered a back injury, a neck injury, carpal tunnel syndrome, discectomy, epidural hematoma, epidural injections, herniated disc at L3-4, a knee injury, laminectomy, post-traumatic carpal tunnel syndrome, and a wrist injury.
Result
The jury awarded Loya $22,353.
Other Information
INSURER: 21st Century insured Martinez.
Deliberation
half day
Poll
12-0
Length
six days
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