Robert Radil v. Enterprise Rent-A-Car
Published: Nov. 21, 1998 | Result Date: Sep. 25, 1998 | Filing Date: Jan. 1, 1900 |Case number: RCV21852 Verdict – $10,065
Judge
Court
San Bernardino Superior
Attorneys
Plaintiff
Eric V. Traut
(Traut Firm)
Defendant
Robert B. Charboneau
(Law Office of Robert B. Charboneau )
Experts
Defendant
Joseph S. Swickard
(medical)
Facts
On June 5, 1995, plaintiff Robert Radil, a 53-year-old plumber, claimed that defendant Rene Cienfuegos, who was driving a car owned by defendant Enterprise Rent-A-Car, drove through a stop sign in the city of Chino and struck the left side of his truck. The plaintiff claimed soft tissue injuries at trial but three months following the accident, he completed a form for Enterprise which indicated that he was not injured. (He claimed he thought that the question "Were you injured?" meant serious injuries like broken bones). The plaintiff brought this action against the defendant based on negligence.
Settlement Discussions
The plaintiff made a C.C.P. º998 settlement demand for $15,000 (maximum recoverable per Vehicle Code º17150) by prior attorney and then reduced to $8,000 first day of trial. The defendant made an offer of $3,000 at the mandatory settlement conference.
Specials in Evidence
$8,500 (in chiropractic expenses for 112 visits over a 13-month period)
Injuries
The plaintiff claimed soft tissue neck and back injuries.
Other Information
The verdict was reached approximately two years and three months after the case was filed. An arbitration was held in August 1997 before Peter Tornay resulting in an award of $10,564.22. The defendants requested a trial de nov.
Deliberation
five hours
Poll
10-2
Length
2½ days
For reprint rights or to order a copy of your photo:
Email
jeremy@reprintpros.com
for prices.
Direct dial: 949-702-5390