Manuel Lima v. Freddy James Boyd, et al.
Published: Aug. 14, 1999 | Result Date: May 5, 1999 | Filing Date: Jan. 1, 1900 |Case number: BC177400 Verdict – $403,763
Judge
Court
L.A. Superior Central
Attorneys
Plaintiff
Gary A. Dordick
(Dordick Law Corporation)
Defendant
Experts
Plaintiff
Farshid F. Hekmat
(medical)
Defendant
Kendall S. Wagner M.D.
(medical)
Facts
The plaintiffÆs vehicle No. 2 came to a stop approximately + car length behind vehicle No. 1 (plaintiff No. 2) that was stopped at an intersection. The defendant was driving a beer and soda delivery truck and rear-ended vehicle No. 2. The force of the collision pushed plaintiffÆs vehicle No. 2 into the rear of vehicle No. 1. The plaintiff alleged that defendant rear-ended his vehicle No. 2 while stopped. As a result, plaintiff suffered low back injury which limited his ability to perform his usual work and may require back surgery to stop the back pain. The defendant contended that vehicle No. 2 made a sudden lane change across two lanes of traffic into defendantÆs lane and in front of him. Also, vehicle No. 1 made a sudden stop and vehicle No. 2 rear-ended vehicle No. 1. Due to the sudden lane change and the collision between vehicles No. 1 and No. 2, defendant could not stop and crashed into the read of vehicle No. 2. In addition, injury to plaintiff No. 2 (vehicle No. 2) was soft tissue injury and that surgery would not reasonably be required in the future.
Settlement Discussions
Plaintiff No. 2 made a statutory C.C.P. Section 998 offer to compromise of $49,999; defendants offered $25,001. Plaintiff No. 1 demand prior to trial was $3,000; defendants agreed but only if plaintiff No. 2 also settled.
Injuries
Plaintiff No. 1 suffered soft tissue that resolved after three months. Plaintiff No. 2 suffered low back injury that affected his ability to work and which may require surgery.
Deliberation
one day
Length
five days
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