Gale Buzzelli v. Attorney
Published: Nov. 9, 1996 | Result Date: Oct. 7, 1996 | Filing Date: Jan. 1, 1900 |Case number: 751171 – $0
Judge
Court
Orange Superior
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Phillip B. Feldman
(technical)
Defendant
Stuart T. Waldrip
(technical)
Facts
On Dec. 15, 1992, the plaintiff was involved a minor impact auto accident. On Oct. 19, 1993, after being turned down by two other attorneys, the plaintiff retained the defendant to represent her. The defendant pointed out that based upon the minor impact as well as the significant length of time between the incident and her first treatment for almost four months, damages would be difficult to prove. The matter was arbitrated, with the arbitrator finding only property damage liability in the amount of $241. Following the filing of a trial de novo, the matter was ordered transfered to Municipal Court. Settlement negotiations began between the plaintiff and the defendant in that case, resulting in a settlement of $7,750. The plaintiff brought this action against the defendant attorney based on professional negligence and legal malpractice theories of recovery.
Settlement Discussions
The plaintiff made no formal settlement demand. Per the defendant, pre-trial discussions concerning the plaintiff case were as high as $250,000. The defendant made a C.C.P. º998 offer of compromise for $101.
Damages
The plaintiff claimed over $65,000 in special damages, an unspecified sum for general damages and for punitive damages.
Injuries
The plaintiff alleged she suffered emotional distress.
Other Information
The settlement was reached approximately one year and three months after the case was filed.
Deliberation
1+ days
Poll
10-2 (defense on infliction of emotional distress), 12-0 (defense on breach of fiduciary duty)
Length
10 days
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