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Personal Injury
Auto v. Auto
Rear-End Collision

Kenneth Cooleen, Martin O'Connell v. Leah E. Kautz

Published: Apr. 5, 2005 | Result Date: Oct. 22, 2004 | Filing Date: Jan. 1, 1900 |

Case number: YC047599 Verdict –  $11,700

Judge

Lois Anderson Smaltz

Court

L.A. Superior


Attorneys

Plaintiff

Robert J. Gaglione


Defendant

E. Michael Kwan


Facts

On Sep. 30, 2002 at approximately 4:45 p.m. near the intersection of Pacific Coast Highway and Catalina in the City of Redondo Beach, the plaintiffs (two Irish tourists) were going northbound on PCH in a rental 2002 Buick 4-door Sedan. The defendant Leah Kautz was driving behind the Buick in her 1994 Nissan Pathfinder SUV. Traffic came to a stop for a traffic light at that intersection and the defendant rear ended the plaintiffs' car. The defendant's vehicle sustained $2,193 in front-end damage.

Settlement Discussions

Kenneth Cooleen made a C.C.P. Section 998 demand for $45,000; Martin O'Connell made a C.C.P. Section 998 demand for $15,000. The defendant made C.C.P. Section 998 offer for $2,501 to each plaintiff.

Specials in Evidence

$3,000

Damages

Non-economic damages of $1,000.

Injuries

Kenneth Cooleen (a 52-year-old taxi driver and security guard) sustained soft tissue injuries to neck, shoulder and head with ongoing residual complaints of neck pain, shoulder pain and headaches. Martin O'Connell (a 45-year-old police officer) sustained neck pain, upper back pain and shoulder pain with ongoing residual complaints in the same area.

Result

Kenneth Cooleen: $4,000 ($3,000 economic and $1,000 non-economic). Martin O'Connell: $7,700 ($6,700 economic and $1,000 non-economic)

Deliberation

2.5 hours

Poll

10-2

Length

three days


#85485

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