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Personal Injury
Auto v. Auto
Sideswipe Collision

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


#85784

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