Faasamala Tagaloa v. Tae Ja Han
Published: May 9, 2009 | Result Date: Apr. 7, 2009 | Filing Date: Jan. 1, 1900 |Case number: VC049871 Verdict – $518,630
Court
L.A. Superior Norwalk
Attorneys
Plaintiff
James R. Traut
(Traut Firm)
Defendant
Juan C. Delgado
(Ford, Walker, Haggerty & Behar LLP)
Experts
Plaintiff
John Brazill
(medical)
Bassil Aish
(medical)
Janet Quinn
(medical)
Robert Ahearn
(medical)
Karen Roos
(medical)
Defendant
Peter M. Burkhard
(technical)
Steven J. Nagelberg M.D.
(medical)
Facts
On Dec. 26, 2006, plaintiff Tagaloa, a 40-year-old chemical specialist and college football coach, collided with the side of defendant Tae Ja Han's vehicle in an intersection after the defendant failed to yield the right-of-way. The defendant conceded liability.
Settlement Discussions
The plaintiff made a C.C.P. section 998 demand for $100,000 policy limit. The defendant made a C.C.P. section 998 offer for $20,000.
Specials in Evidence
$80,199 none none $27,000 to $100,000
Injuries
The plaintiff suffered lumbar disc injury.
Result
Plaintiff's verdict for $518,630 with costs.
Other Information
EXPERT TESTIMONY: The plaintiff's expert testified that plaintiff had chronic lumbar pain from annular tears in two lumbar discs, which failed to respond to epidural injections. One doctor suggested an IDET procedure and another suggested fusion surgery as possible remedies. Defense expert, Peter Burkhard testified that the force of impact from the collision was insufficient to cause the injuries. Dr. Stephen Nagelberg testified that plaintiff's condition was pre-existing; that most of the treatment was unnecessary; that the charges for the necessary treatment was unreasonable; and that there was no need for future surgery. INSURER: State Farm for defendant.
Deliberation
2.5 hours
Length
five days
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