Brenda McCane v. Karen Rutherford
Published: Feb. 11, 1995 | Result Date: Dec. 6, 1994 | Filing Date: Jan. 1, 1900 |Case number: 673591 – $24,870
Judge
Court
San Diego Superior
Attorneys
Plaintiff
Joseph J. Ybarra
(Halpern May Ybarra Gelberg LLP)
Defendant
Experts
Plaintiff
Richard Walley
(technical)
Scott Adler
(medical)
Robert H. Wallace
(technical)
Defendant
Leon Kazarian
(technical)
Grady P. Anderson
(medical)
F. Gregory Bohart
(medical)
Facts
On April 7, 1993, Defendant Karen Rutherford and Plaintiff Brenda McCane were traveling in separate vehicles northbound on Sweetwater Road. Plaintiff was in the second of two lanes and Defendant was between the first and the second lane, attempting to pass Plaintiff. Defendant stuck the left rear corner and scraped alongside the Plaintiff driver's side. Defendant was convicted of drunk driving and stipulated to liability. At the time, Plaintiff was a 36-year-old movie theater manager. Defendant had been driving her mother's automobile, of which Defendant was an additional named insured; the mother's insurance carrier settled with Plaintiff for $100,000. Plaintiff then prosecuted her action against Defendant's own automobile insurance.
Settlement Discussions
Defendant contends its offer was $25,000 and Plaintiff demanded $150,000.
Specials in Evidence
$46,857 $21,675 $248,293 $60,000
Injuries
Cervical strain requiring physical therapy; L5-S1 disc herniation requiring excision of the disc with partial laminectomy, second laminectomy, and third laminectomy and discectomy (no fusion); 60% possibility of future fusion.
Result
(in addition to an earlier settlement with Defendant vehicle owner for $100,000)
Deliberation
1.5 hours
Poll
12-0
Length
5 days
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