David Kenneth Hurst v. Jesus Manuel Galvan, Dolores Galvan, and Does 1 through 100, Inclusive
Published: Dec. 6, 2014 | Result Date: Jul. 31, 2014 | Filing Date: Jan. 1, 1900 |Case number: NC058571 Verdict – Defense
Court
L.A. Superior Long Beach
Attorneys
Plaintiff
Patrick S. Nolan
(DeWitt, Algorri & Algorri)
Defendant
Steven R. Odell
(Susson, Parrett & Odell)
Experts
Plaintiff
Alan McRoberts
(medical)
Michael T. Hale
(technical)
Defendant
Michael J. Einbund M.D.
(medical)
Edwin C. Amos M.D.
(medical)
John K. Tyson P.E.
(technical)
Facts
David Hurst sued Jesus Galvan and Dolores Galvan, in connection with a motor vehicle accident.
Dolores Galvan was let out of the case prior to trial.
Contentions
PLAINTIFF'S CONTENTIONS:
Plaintiff alleged that Jesus Galvan collided with his vehicle as he was entering an intersection. Plaintiff claimed that he lost consciousness and suffered injuries as a result of the impact. Plaintiff alleged that he had the right of way, and that Jesus Galvan, who was attempting a left turn when the collision occurred, was liable for the accident for being negligent. Plaintiff alleged that his wife was vicariously liable for his actions.
DEFENDANTS' CONTENTIONS:
Jesus Galvan claimed that plaintiff ran a red light, causing the accident. Jesus Galvan alleged that it was plaintiff who was negligent for striking him and causing his vehicle to spin. Defendants also denied the extent of plaintiffs' claimed injuries.
Settlement Discussions
Hurst made a CCP 998 demand for $349,000, which defendants countered with a CCP 998 offer for $15,000.
Damages
Hurst requested $104,317 for medical expenses and lost income, and an unspecified amount in pain and suffering.
Injuries
Hurst claimed he lost consciousness as a result of the impact. He claimed he also sustained injuries to his shoulder, neck, and back. He also claimed to have suffered from neurological injuries. Following the accident, plaintiff claimed he would collapse for no reason and, for some time, had great difficulty sitting, climbing stairs, and walking.
Result
The jury found in Jesus Galvan's favor.
Other Information
FILING DATE: Jan. 24, 2013.
Deliberation
90 minutes
Poll
12-0
Length
three days
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