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Personal Injury (Vehicular)
Auto v. Auto
Rear-End Collision

Barkan v. Lamarre, et al.

Published: Dec. 27, 1997 | Result Date: Oct. 7, 1997 | Filing Date: Jan. 1, 1900 |

Case number: SC033990 –  $38,021

Judge

D. Sterry Fagan

Court

L.A. Superior Santa Monica


Attorneys

Plaintiff

Paul S. Passovoy
(Law Offices of Paul S. Passovoy)


Defendant

Tracy C. Phillips


Experts

Plaintiff

William A. Frumovitz
(medical)

Franklin Dines
(medical)

Defendant

Steve Mander
(medical)

Facts

On Dec. 17, 1993, plaintiff Ami Barkan, a 40-year-old financial consultant, was stopped in traffic on northbound Beverly Glen just south of Mulholland. Defendant Lamarre rear ended a Lexus and pushed it into the rear of plaintiff's vehicle. The plaintiff was 33 weeks pregnant and considered "high risk." The plaintiff immediately experienced pre-labor contractions post accident. The plaintiff was administered Terbutaline and Puton drug and was put on strict bed rest for the duration of the pregnancy. The plaintiff brought this action against the defendant based on a negligence theory of recovery.

Settlement Discussions

The plaintiff made a C.C.P. º998 settlement demand for $27,000. The defendant made a C.C.P. º998 offer of compromise for $18,000

Specials in Evidence

$6,344.65

Damages

$1,677.14 (property damage)

Injuries

The plaintiff claimed damages for emergency room care, severe emotional distress and increased pre-natal care.

Other Information

The award was rendered approximately three years and two months after the case was filed.


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