Gregory Fishman, Nicole Grova v. Speck Cab Company dba Veterans Cab, Robert Migdal
Published: Aug. 5, 2000 | Result Date: Feb. 7, 2000 | Filing Date: Jan. 1, 1900 |Case number: 999162 Verdict – $0
Judge
Court
San Francisco Superior
Attorneys
Plaintiff
Defendant
Experts
Defendant
Bradford J. Coburn
(technical)
Facts
On Nov. 24, 1997, plaintiffs Gregory Fishman and Nicole Grova were traveling on Folsom Street between its intersection with 4th and 5th Streets, when defendant Speck Cab's vehicle, which was being driven by defendant Robert Migdal, rear-ended plaintiffs' vehicle. Plaintiff Fishman, the driver, alleged that he injured his back, neck, left foot, right knee and right shoulder. Plaintiff Grova, Fishman's wife, and the front seat passenger claimed injuries to her neck, back, left shoulder and left hip. Grova was in the first stage of pregnancy at the time and she alleged severe mental and emotional distress. The defendants admitted liability but contended that the impact to the vehicle was not sufficient enough to have caused the alleged injuries. The defendants argued that the injuries were contrived in an effort to seek recovery from an incident which involved a cab company and which was solely occasioned by the negligence of the cab driver.
Settlement Discussions
Each plaintiff made C.C.P. Section 998 demand for $15,000. The defendants made C.C.P. Section 998 offer for $1,500 to each plaintiff.
Specials in Evidence
$3,150 (Fishman); $2,633 (Grova) $1,020 (Fishman)
Damages
$855 (property damage)
Result
Arbitration award: $21,716 (Grova); $5,375 (Fishman)
Deliberation
four hours
Poll
10-2
Length
five days
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