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Personal Injury
Auto v. Truck
Parked Car

Martha Navas v. Quicksilver Towing

Published: Oct. 29, 2011 | Result Date: Jun. 15, 2011 | Filing Date: Jan. 1, 1900 |

Case number: SC102500 Bench Verdict –  $28,833

Court

L.A. Superior Santa Monica


Attorneys

Plaintiff

Martin L. Stanley
(Law Office of Martin L. Stanley)

Jeffrey R. Lamb
(McNicholas & McNicholas LLP)


Defendant

David K. Dorenfeld
(DorenfeldLaw Inc.)

J. Michael Brown


Facts

Martha Navas was driving her sport utility vehicle in West Los Angeles in 2009 when she collided with a forklift parked in the middle of the street. It had been parked by Quicksilver Towing after the driver had moved the truck into the street to close a gate.

Contentions

PLAINTIFF'S CONTENTIONS:
Navas filed suit against Quicksilver, alleging motor vehicle negligence. She contended that Quicksilver created a dangerous condition by parking in the middle of the road without posting a warning. Navas alleged her view was obstructed by hedges high and wide enough to obscure the truck.

DEFENDANT'S CONTENTIONS:
Quicksilver contended that the accident occurred in broad daylight and that the truck was an open and obvious hazard.

Injuries

Navas claimed injuries to her cervical region, as well as shooting pain down her arms, headaches, and an aggravation of a prior cervical bulge.

Result

The jury found Quicksilver 80 percent negligent, awarding Navas $28,833 reduced by her liability.


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