Gary Moon and Joanna Moon v. Carlos Milton Argueta, et al.
Published: Nov. 14, 1998 | Result Date: Apr. 28, 1998 | Filing Date: Jan. 1, 1900 |Case number: LC036320 Verdict – $506,000
Judge
Court
L.A. Superior Van Nuys
Attorneys
Plaintiff
Randall S. Shiffman
(Randall Shiffman Law Corporation)
Defendant
Experts
Plaintiff
Suzan Rayner
(medical)
Dominick J. Sisto
(medical)
Robert Felton
(medical)
Jan Roughan R.N.
(medical)
Defendant
Neil I. Chafetz
(medical)
Myron Koch
(medical)
Facts
On Oct. 9, 1995, plaintiff Gary Moon, who is 40-year-old, disabled and unemployed was being transported in a defendant Medi-Ride, Inc., disabled passenger van. Plaintiff was improperly secured to his wheelchair, and when the Medi-Ride van made an improper left turn in an intersection in front of defendant Conroys Flowers' van coming in the opposite direction, the plaintiff jettisoned out of his wheelchair and struck his right shoulder on a pole inside the van. The plaintiffs, Gary Moon and his wife brought this action against the defendants based on negligence and loss of consortium theories of recovery.
Settlement Discussions
The plaintiff made a settlement demand for $1.2 million. The defendant Medi-Ride made an offer of settlement for $100,000.
Specials in Evidence
$58,000 $2 million
Injuries
Plaintiff claims he suffered permanent injury to his right shoulder including a re-fractured right clavicle; torn anterior glenoid labrum and post-seqvellae from shoulder abscess, resulting in permanent loss of ability to bear weight on the right shoulder and use a custom built walker to partially ambulate, as he had done prior to the accident. Plaintiff's post-injury treatment included an incission and drainage of abscess in right shoulder and physical therapy. Plaintiff is now permanently confined to a wheelchair, as opposed to pre-injury partial confinement.
Other Information
The verdict was reached approximately two years and one month after the case was filed. A court ordered mediation was held resulting in no new offers.
Deliberation
2½ days
Poll
9-3 (liability and damages)
Length
eight days
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