This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.

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

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

Gary B. Frakes


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


#87256

For reprint rights or to order a copy of your photo:

Email jeremy@reprintpros.com for prices.
Direct dial: 949-702-5390