Allen v. Safelife Auto Glass
Published: Jul. 3, 1999 | Result Date: May 4, 1999 | Filing Date: Jan. 1, 1900 |Case number: 97AS02406 Verdict – $550,000
Judge
Court
Sacramento Superior
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Kirk A. Blackerby
(technical)
Carol R. Hyland M.A.
(technical)
John B. Nguyen
(Law Office of George W. Wolff)
(medical)
Defendant
Arthur Auerbach
(medical)
Lawrence J. Deneen J.D.
(technical)
Charles A. Berry
(medical)
Donna M. Murphy
(technical)
Facts
On June 5, 1996, the plaintiff, a 44-year-old crop duster, was traveling southbound to State Highway 99 in the No. 1 lane and was stopped in traffic when his car was rear ended by a van owned by defendant and driven by its employee. The plaintiff brought this action against the defendants based on negligence.
Settlement Discussions
The plaintiff made a C.C.P. º998 settlement demand for $375,000, in July 1998. The defendants made a C.C.P. º998 offer of compromise for $200,001 two weeks prior to trial.
Specials in Evidence
$53,000 $7,000
Injuries
The plaintiff suffered a C6-7 left-side herniation with existing spondylosis at C3-4-5-6, which was initially diagnosed as a neck sprain. The plaintiff was treated with five epidural injections over the next 20 months and physical therapy and had surgery in July 1998, with a four-month recovery period. Except for surgery, the plaintiff continued to fly as an owner of his company. Although he suffered from existing spondylosis, the plaintiff had no prior complaints except for right side pain in 1983.
Result
Please provide the city of locale and expertise of experts: John Yen ___________ (expertise) _______________ (city), Rita Bermudez (expertise) _______________ (city), Charles Berry _________________ (expertise) _______________ (city), Don Murphy ________________ (expertise) _____________ (city)
Other Information
The verdict was reached approximately two years after the case was filed. An arbitration was held on May 29, 1998, before Michael McKone, resulting in an $87,500 award for the plaintiff.
Deliberation
1½ hours
Poll
10-2
Length
six days
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