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Personal Injury
Auto v. Auto
Red Light

Zenith Insurance Company, Dragan Novakovic v. Joshua Adam Samet, Alexander Samet

Published: Mar. 3, 2012 | Result Date: May 12, 2011 | Filing Date: Jan. 1, 1900 |

Case number: 109CV143156 Verdict –  Defense

Court

Santa Clara Superior


Attorneys

Plaintiff

Byron C. Foster


Defendant

Michael R. Welch
(Philip M. Andersen & Associates)


Experts

Plaintiff

Dean B. Tuft
(technical)

Ronald Greenwald
(medical)

Defendant

Richard N. Stuart
(technical)

Facts

Dragan Novakovic was driving his limo on the Almaden Expressway when he was struck by Joshua Samet, who was attempting to make a left-hand turn. Novakovic and his worker's compensation lien holder, Zenith Insurance Co. sued Samet and the vehicle's owner, Alexander Samet for negligence and vicarious liability.

Damages

Novakovic sought $20,000 to $25,000 in lost wages and $50,524.16 in medical specials.

Injuries

Novakovic did not seek immediate treatment, and presented to a workers' compensation-mandated industrial accident clinic the following day. An MRI revealed spinal stenosis and neuroforaminal encroachment. He underwent discectomy and fusion after conservative treatment proved futile.

Result

Zenith settled with Samet for $25,000 prior to trial. The jury rendered a defense verdict.

Deliberation

three hours

Poll

10-2

Length

three days


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