Efren Perez v. Laura Mulevicz
Published: Apr. 12, 2005 | Result Date: Oct. 18, 2004 | Filing Date: Jan. 1, 1900 |Case number: 03WL06226 Verdict – $750
Judge
Court
Orange Superior
Attorneys
Plaintiff
David M. Moeck
(Quinlan, Kershaw & Fanucchi LLP)
Defendant
Experts
Plaintiff
John Arakelian
(medical)
Defendant
Eron J. Martin
(medical)
Facts
Efren Perez, a 45-year-old farmer, was driving his 1989 Ford Ranger pickup truck on SR-22 at about 8 a.m. on Dec. 18, 2002. While stopped for traffic, his truck was struck from behind by a 2002 BMW driven by Laura Mulevicz. The force of the impact caused the truck to strike the back of the vehicle stopped in front of it. Perez's truck sustained about $4,000 in damage, while the BMW sustained about $7,000 of front-end damage. Perez sued Mulevicz, alleging vehicular negligence. Mulevicz stipulated to liability but argued damages.
Settlement Discussions
Perez demanded $10,000, reduced to $7,500. Mulevicz offered $6,000 C.C.P. Section 998, with indication $8,000, but withdrew the offer before trial. She offered $3,000 the day of trial.
Injuries
The plaintiff initially complained of irritability, tension, neck pain, thoracic pain and lower back pain. The plaintiff's doctor diagnosed post-traumatic acceleration/deceleration injuries of the cervicothoracic and lumbrosacral spine.
Other Information
Perez filed a motion for additur or in the alternative, a motion for new trial, based on insufficiency of the verdict, as well as an irregularity in the proceeding. Judge Pacheco declined to grant the additur request although he had indicated an inclination to. Instead, he granted the motion for new trial, which is set for June 2005.
Deliberation
three hours
Poll
12-0
Length
two days
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