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Personal Injury
Medical Transport Accident
Left Turn Collision

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

Stanley M. Weisberg

Court

L.A. Superior Van Nuys


Attorneys

Plaintiff

Randall S. Shiffman
(Randall Shiffman Law Corporation)


Defendant

Arnold L. Rosen

Benjamin C. Alvarez


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


#89694

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