Hunter Payne, Andrea Payne v. Louis D'Elia
Published: Mar. 24, 2012 | Result Date: Feb. 16, 2012 | Filing Date: Jan. 1, 1900 |Case number: SC111341 Verdict – $58,602
Court
L.A. Superior Santa Monica
Attorneys
Plaintiff
Thomas M. Ferlauto
(The Law Office of Thomas M. Ferlauto)
Philip K. Cohen
(Philip Kent Cohen APC)
Defendant
Denise Thompson
(Law Office of Craig A. Holtz)
Experts
Plaintiff
Gavin G. Bahadur
(medical)
Defendant
Michael Reynard
(medical)
Facts
On April 1, 2009, plaintiffs Hunter and Andrea Payne were traveling northbound on Mesa in a 2004 Toyota Prius, planning to turn left onto westbound Channel.
Hunter Payne was driving, while Andrea was a front seat passenger. Defendant Louis D'Elia while traveling westbound on Channel in a 1995 Ford Aerostar impacted the passenger side of plaintiffs' vehicle.
Contentions
DEFENDANT CONTENTIONS:
Defendant admitted liability for the accident but denied the macular pucker or symptoms of the macular pucker were caused by the accident.
Settlement Discussions
Plaintiff had CCP 998 demands of $14,999 for Andrea and $174,999 for Hunter. Pre-trial, defendant offered $125,000 globally to settle.
Injuries
Andrea Payne complained of injuries to her neck and back. Hunter Payne complained of injuries to his neck, back and a macular pucker.
Result
$58,602 ($52,531 for Hunter and $6,071 for Andrea).
Other Information
FILING DATE: Feb. 4, 2011.
Deliberation
one day
Length
four days
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