Gail Jacobs v. Dorene Beckman
Published: Jan. 3, 1998 | Result Date: Dec. 23, 1997 | Filing Date: Jan. 1, 1900 |Case number: GC017112 – $46,107
Court
L.A. Superior Glendale
Attorneys
Plaintiff
Joseph M. Barrett
(The Barrett Lawyers, APC)
Defendant
Experts
Plaintiff
Silvio F. Hoshek
(medical)
Defendant
Kenneth A. Solomon
(technical)
P. Douglas Kiester M.D.
(medical)
Facts
On June 13, 1995, plaintiff Gail Jacobs, a 45-year-old artist, was rear-ended on the 210 Freeway near Pasadena. Impact was approximately 2-4 mph. Two vehicles behind her were also involved in the traffic incident. All three vehicles pulled to the side of the road. There was no property damage to the first vehicle, a subcompact Toyota Paseo driven by defendant Dorene Beckman, and no damage to the middle vehicle, a new Ford truck driven by William Gray. Pictures of the Gray vehicle showed no damage. Both defendant and Gray testified to a minor bump and no property damage. Plaintiff was driving a 1992 Mazda MPV, and the back of her vehicle had a slight amount of visible damage. This was later estimated by her insurance company as a $488.50 loss. No police came, and no one claimed to be hurt at the scene. Later, plaintiff told doctors she hurt her back, which had been operated on for a L4-5 laminectomy the year before. Within weeks she claimed her neck was painful and stiff, and was diagnosed as having neck strain. Months later an MRI of her neck was ordered which showed there was osteophytes and degenerative disc disease at C5-6 and C6-7, with possible disc protrusions. The neck pain continued for the next two years, and on May 13, 1997, plaintiff underwent cervical discectomy surgery. Plaintiff and her surgeon related the neck trauma and subsequent care to the automobile accident. The plaintiff brought this action against defendant based on a negligence theory of recovery.
Settlement Discussions
The plaintiff made a settlement demand for $50,000. The defendant offered $15,000.
Specials in Evidence
$28,545
Other Information
The verdict was reached approximately one year and six months after the case was filed. Plaintiff reports the foreperson told counsel after the verdict was read that most of the jurors did not believe they could translate pain and suffering into money. So, they were going to award plaintiff nothing for non-economic damages. They agreed the surgery related to the accident and a future surgery was likely. Plaintiff further reported, the foreperson said they agreed finally to award $10,000 for pain and suffering, and added $10,000 to the medical bills for a potential future surgery.
Deliberation
one day
Poll
12-0 (defendant Beckman negligence); 10-2 (defendant Beckman's negligence caused plaintiff damages and injuries); 10-2 (damages); 12-0 (plaintiff not negligent); 9-3 apportionment (0 / 35 / 65)
Length
five days
For reprint rights or to order a copy of your photo:
Email
jeremy@reprintpros.com
for prices.
Direct dial: 949-702-5390