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
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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