Jessica Garcia, Guadalupe Garcia, Erika Garcia v. Michael Torres, Yvonne Torres, Ruben Torres
Published: Apr. 26, 2005 | Result Date: Jan. 28, 2005 | Filing Date: Jan. 1, 1900 |Case number: 02A03121 Verdict – $6,940
Judge
Court
L.A. Superior
Attorneys
Plaintiff
Defendant
Michael G. Hogan
(Raffalow Rhoads & Bretoi)
Experts
Plaintiff
Jon Fields
(medical)
Defendant
Milton E. Legome M.D.
(medical)
Facts
In August 2001, plaintiff Jessica Garcia, age 18, was driving a 1988 Chrysler LeBaron convertible northbound on Laurel Canyon Boulevard in Pacoima. Her mother, plaintiff Guadalupe Garcia, age 38, and her sister, plaintiff Erika Garcia, age 16, were passengers. Their car was rear-ended by a 1994 Mazda 626 driven by defendant Michael Torres and owned by his parents, Yvonne and Ruben Torres. The plaintiffs' car was deemed a total loss and defendants' insurance carrier paid $2,892 to settle the property damage claim.
Settlement Discussions
The defendants offered (C.C.P. Section 998) $1,000 to Jessica Garcia and Guadalupe Garcia, and $500 to Erika Garcia.
Damages
The plaintiffs claimed unspecified general damages.
Injuries
All plaintiffs claimed they sustained soft-tissue injuries to their necks and backs. No residual complaints were made, and there were no claims for loss of earnings or loss of earning capacity. The defendants argued the medical treatment was excessive and was not reasonable or necessary. They argued that because Jessica Garcia did not have liability insurance on her car, her claim was subject to Proposition 213 which bars recovery of noneconomic damages.
Result
After finding defendant Michael Torres 90 percent negligent and the unidentified driver of the red car 10 percent negligent, the jury awarded plaintiffs their medical expenses of $6,940. The award was reduced to $6,246 net based on the 10 percent negligence of the unidentified driver.
Deliberation
two hours
Length
four days
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