Raul Antonio Palacios v. Rohan Panikar, Enterprise Rent A Car Company of Los Angeles, LLC
Published: Nov. 8, 2014 | Result Date: Jul. 10, 2014 | Filing Date: Jan. 1, 1900 |Case number: BC481430 Verdict – $406,453
Court
L.A. Superior Long Beach
Attorneys
Plaintiff
Miguel G. Caballero
(Perez & Perez APC)
Defendant
Robert B. Charboneau
(Law Office of Robert B. Charboneau )
Experts
Plaintiff
Philip A. Sobol
(medical)
Marianne Inouye MBA
(technical)
John Grindey
(technical)
Sandra Schneider
(technical)
Defendant
Boyd Flinders
(medical)
Facts
Raul Palacios sued Rohan Panikar in connection with a motor vehicle accident.
Enterprise Rent A Car Company of Los Angeles LLC was dismissed early in litigation.
Contentions
PLAINTIFF'S CONTENTIONS:
Plaintiff alleged that he was involved in a motor vehicle accident with defendant Panikar who was riding a rental vehicle owned by Enterprise when the accident took place. Plaintiff alleged that Panikar was negligent in the operation of his vehicle, and that the collision was his fault. Moreover, plaintiff alleged that he suffered injuries as a result of the collision. Plaintiff also alleged that Enterprise was liable for the accident.
DEFENDANTS' CONTENTIONS:
Defendants disputed the extent of plaintiff's claimed injuries, arguing that they were due to pre-existing arthritis.
Settlement Discussions
Plaintiff demanded $295,000 without reduction for lien, which was purchased by defendant. Defendant's offer was $50,000 new money. Defendant had purchased Workers' Compensation Appeals Board lien.
Damages
Palacios requested $225,773 in past economic damages, $212,617 in future economic damages, and $500,000 in non-economic damages.
Injuries
Palacious claimed he suffered injuries to his back, elbow and shoulder. He also claimed he continued to suffer back pain.
Result
The jury found in plaintiff's favor and awarded him $406,453 in total damages, including $20,000 for past pain and suffering, $25,000 for future pain and suffering, $213,250 for past economic damages, and $148,203 in future economic damages.
Deliberation
1.5 hours
Poll
12-0 (causation), 10-2 (on past economic damages), 11-1 (future economic damages), 9-3 (past non-economic damages), 11-1 (future non-economic damages)
Length
four days
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