Vicki Johnson v. Manuel Gonzales Ruezga
Published: Jan. 9, 1999 | Result Date: Aug. 26, 1998 | Filing Date: Jan. 1, 1900 |Case number: 97C00908 – $0
Judge
Court
L.A. Superior Santa Monica
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Bradley A. Jabour
(medical)
Donald Furnival
(medical)
Defendant
Daniel F. Trudell
(technical)
Facts
On July 24, 1996, plaintiff, age 79, parked her Mercedes 420 SEL. As she turned for her purse, defendant Manuel Ruezga's Dodge + ton truck backed into the rear of her car. Although still wearing a seatbelt, the plaintiff struck the interior. The Mercedes sustained $2,477.70 in property damage. The plaintiff brought this action against the defendant based on negligence.
Settlement Discussions
The plaintiff made a pre-trial settlement demand for $25,000. The defendant made a pre-trial offer of $200. The plaintiff made a C.C.P. º998 demand for $14,000. The defendant made a C.C.P. º998 offer of $1,000.
Specials in Evidence
$10,672 none claimed none claimed
Injuries
In 1993, MRI studies confirmed cervical and lumbar multiple herniations all on spinal cord at C5-6, C6-7, L3-4 and L4-5. In past, various neurologists and orthopedists could not alleviate pain. Instead of surgery, plaintiff treated with Dr. Donald Furnival, a chiroprator. He resolved her neck and back pain in six months. No medical visits since 1993. After this collision, plaintiff alleged her occasional neck and back minimal discomfort immediately grew severe. She also had body pains along the left side. She admitted that her lower back pain has improved, albeit severe on occasion; further, that other injuries to her left side significantly improved. The plaintiff did not claim surgery or effect to her life, or occupation; but claimed a reasonable amount for the aggravation. A few weeks before trial, plaintiff was hospitalized for a few days due to severe neck pain and spasms.
Other Information
An arbitration resulted in an award for plaintiff. The defendant requested a trial de novo.
Deliberation
1½ hours
Poll
12-0
Length
three days
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