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Personal Injury
Auto v. Auto
Rear-End Collision

Jose Ventura Mendoza v. Jet Apparel Group, Darris Dontae Love

Published: Feb. 23, 2013 | Result Date: Jan. 7, 2013 | Filing Date: Jan. 1, 1900 |

Case number: VC060173 Settlement –  $300,000

Court

L.A. Superior Norwalk


Attorneys

Plaintiff

J. Shaffer Smith

Claudia A. Smith


Defendant

Michael D. Rohfeld


Experts

Plaintiff

Gerald Alexander M.D.
(medical)

Defendant

Graham N. Gitlin M.D.
(medical)

Michael Fitsimmons
(medical)

Facts

On Feb. 3, 2010, while plaintiff Jose V. Mendoza was stopped for a red traffic signal at the intersection of Atlantic Avenue and Florence Avenue in Downey, plaintiff's 1991 Honda Civic was rear-ended by a company van owned by defendant Jet Apparel Group, and driven by defendant Darris D. Love while in the course of his employment.

Defendants did not dispute liability.

Specials in Evidence

$44,970 $80,000 $75,000

Damages

Defendants disputed the future medical and loss of earning claims.

Injuries

Plaintiff claimed that he suffered serious lower back injuries and injury to his jaw. Due to his injuries, he decreased his work hours resulting in a loss of income. Defendants claimed that Plaintiff's injuries were minor soft tissue type injuries requiring no future medical treatment and should not have resulted in any loss of earnings. Defendants also claimed that of the past medical expenses only about $5,000 were for actual medical treatment. The remaining medical charges were for diagnostic testing, MRIs and nerve conduction studies and medical consultations.

Result

The case settled for $300,000 at mediation before Martin C. Handweiler, Esq. at Judicate West.


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