De Almeida v. Maldonado
Published: Apr. 26, 2005 | Result Date: Mar. 9, 2005 | Filing Date: Jan. 1, 1900 |Case number: NC040971 Verdict – $785
Judge
Court
L.A. Superior
Attorneys
Plaintiff
Morris S. Getzels
(Morris Getzels Law Office)
Defendant
Robert F. Donohue
(Taylor Blessey LLP)
Experts
Plaintiff
Brian K. Gearinger
(Gearinger Law Group)
(medical)
Defendant
Louis R. Vazquez
(medical)
Facts
On Dec. 29, 2002 at 1:30 a.m. at the intersection of 11th Street and Gaffey in the City of San Pedro, the defendant Isaac Maldonado was traveling north on 11th Street and the plaintiff west on Gaffey. The plaintiff was alone and driving a 1992 Chrysler New Yorker. The defendant was traveling with three passengers in a 2000 Honda Civic. The accident occurred when the defendant ran a stop sign and it was hit broadside by the plaintiff's vehicle. The defendant's vehicle was totaled (not admitted in court at trial). The plaintiff was able to drive her vehicle from the accident scene. The defendant admitted liability but disputed that the plaintiff was injured. The defense argued that the plaintiff's injuries were soft tissue and because the plaintiff delayed in seeing any doctor until 50 days after her accident, that her medical bills and treatment were unnecessary and unreasonable. The defendant asked the jury to give the plaintiff the medical bills of $785 from her first documented treatment with any doctor and if they desired two weeks lost earnings of $600.
Settlement Discussions
The plaintiff made a C.C.P. Section 998 demand of $100,000. The defense made a C.C.P. Section 998 offer of $8,000. On the day of trial, the defense offered $10,000 but this was declined.
Specials in Evidence
$8,000 $33,580 $200,000
Damages
The plaintiff asked the jury for over $300,000 in economic and non-economic damages.
Injuries
The plaintiff injured her neck and lower back and the lower back injury prevented her from continuing with her job of house cleaning.
Result
The jury returned a general verdict of $785 in favor of plaintiff.
Deliberation
one hour
Poll
12-0 (liability and damages)
Length
four days
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