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Personal Injury
Auto v. Bicycle
Negligence

Leanna Wilson v. Blake Sterling Peyrot, Hampton Place Townhomes LLC, and Does 1 through 50

Published: Jun. 22, 2013 | Result Date: Apr. 17, 2013 | Filing Date: Jan. 1, 1900 |

Case number: BC453643 Verdict –  Defense

Court

L.A. Superior Central


Attorneys

Plaintiff

Jeffrey A. Kaiman


Defendant

Judith S. Lindner
(Mark R. Weiner & Associates)


Experts

Plaintiff

Stephen Haverkamp
(technical)

Michael Schiffman M.D.
(medical)

Defendant

Deborah Forrester
(medical)

Henricus P. Jansen M.S.
(technical)

Keith E. Liberman M.D.
(medical)

Facts

On Feb. 21, 2009, a vehicle driven by Blake Peyrot struck Leanna Wilson as she was exiting an underground parking structure in Hollywood. Peyrot was driving out of a parking garage that was in the middle of the block of Hampton Place Townhomes at Highland Avenue in Hollywood, owned by Hamilton Place Townhomes LLC. Wilson sued Peyrot. Hampton Place Townhomes LLC was never served(sued) by plaintiff. However, Peyrot cross-complained against Hampton Place and was granted a default judgment.

Contentions

PLAINTIFF'S CONTENTIONS:
Plaintiff alleged Peyrot drove his car negligently. She claimed that she was pushing her bicycle on the sidewalk and then entered the road where Peyrot hit her. She argued Peyrot should have yielded because she was a pedestrian.

DEFENDANTS' CONTENTIONS:
Defendant argued that Wilson was on her bicycle on the sidewalk, riding it against traffic, and was wearing headphones when she rode into Peyrot's car.

Settlement Discussions

According to Defendant, Plaintiff demanded $100,000 and the defense offered $15,000. According to Plaintiff, Plaintiff demanded $75,000 and the defense offered $20,000.

Damages

Wilson requested $38,000 in past medical specials, $400,000 for past pain and suffering, $107,000 for two future surgeries, and $100,000 per year for past damages.

Injuries

Wilson suffered cervical bulging disc, contusions, epidural injections, facial laceration, cervical sprain and strain, and lumbar sprain and strain.

Result

The jury found in favor of the defense.

Other Information

OTHER INFORMATION: Plaintiff will move for new trial and/or if unsuccessful, an appeal arguing that defense counsel did not abide in their closing argument by the judge's order regarding plaintiff's treating physician. Plaintiff's counsel also contended that defense's objections and the judge's rulings regarding a witness's testimony were erroneous as plaintiff claimed this witness' testimony offered material evidence regarding the liability of this case.

Deliberation

75 minutes

Poll

11-1

Length

six days


#91472

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