Elenor Burciaga and Leticia Burciaga v. Randy Lane Clark, Audrey Ann Curry
Published: Nov. 27, 1999 | Result Date: Oct. 1, 1999 | Filing Date: Jan. 1, 1900 |Case number: CIV184178 – $7,452
Judge
Court
Ventura Superior
Attorneys
Plaintiff
Defendant
Joseph V. Macha
(Foley & Mansfield)
Experts
Plaintiff
Les Reekens
(technical)
John Larsen
(medical)
Defendant
Richard D. Scheinberg
(medical)
Donald Miller
(technical)
Mark O. Winter
(technical)
Facts
On Oct. 3, 1997, plaintiff Leticia Burciaga, a disabled woman, was driving on Main Street in Ventura. Plaintiff Elenor Burciaga, Leticia's younger sister, was in the passenger seat of Leticia's car. Elenor was also disabled. Defendant Audrey Ann Curry was driving her Neon directly behind the plaintiffs' Pontiac Firebird. Defendant Randy Clark, who was driving directly behind defendant Curry's vehicle, caused his automobile to strike Curry's vehicle in the rear. The impact pushed defendant Curry's automobile into the plaintiffs' vehicle. The plaintiffs brought this action against defendants Clark and Curry based on negligence theories of recovery.
Settlement Discussions
Plaintiff Leticia made a settlement demand for $60,000. Plaintiff Elenor made a settlement demand for $15,000. Defendant Clark made a settlement offer of $2,000 to each plaintiff. Defendant Curry made a settlement offer of $100 to each plaintiff.
Specials in Evidence
$8,761 (Leticia); $3,539 (Elenor). $22,350 (Leticia).
Damages
Plaintiff Leticia claimed $31,111 in economic and $125,000 in non-economic damages. Plaintiff Elenor claimed $3,539 in economic and $25,000 in non-economic damages.
Injuries
Plaintiff Leticia Burciaga claimed she sustained soft tissue injuries to her neck and back, right shoulder tendinitis, and right elbow ulnar neuritis. Plaintiff Elenor Burciaga claimed she sustained soft tissue injuries to the neck and back.
Result
against defendant Clark only. Defense verdict as to defendant Curry.
Other Information
An arbitration was held before Greg Kaapun, resulting in an award of $15,000 to plaintiff Leticia and $7,822 to plaintiff Elenor. Defendant Clark requested a trial de novo. Plaintiffs have filed a motion for new trial and seek and additur to be heard on Nov. 17, 1999. The verdict was reached approximately one year and one month after the case was filed.
Deliberation
1+ days
Poll
12-0 (liability)
Length
3+ days
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