Jose Herrera, Vanessa Lewis, Paloma Blanco v. Allstate Indemnity Company
Published: Jun. 29, 2013 | Result Date: May 30, 2013 | Filing Date: Jan. 1, 1900 |Arbitration – $104,000
Court
Case Not Filed
Attorneys
Plaintiff
Werner R. Meissner
(Meissner Law Firm PC)
Defendant
Johnbull I. Aboiralor
(Law Office of Steven D. Levine)
Facts
On Oct. 3, 2008 at 9:30 a.m., claimant Jose Herrera was driving his 2004 Lincoln Navigator with Vanessa Lewis as a front seat passenger and Paloma Blanco at a rear seat passenger, on the eastbound State Route 22 near Harbor Boulevard in Garden Grove. Herrera was driving at normal freeway speeds when he was hit by an unidentified hit and run vehicle that caused a multiple vehicle accident. The Herrera vehicle was struck and impacted approximately four to five times in various places.
Settlement Discussions
Herrera demanded $100,000 policy limits. Allstate offered $20,000. Lewis demanded $15,000. Allstate offered $2,000. Blanco demanded $15,000. Allstate offered $2,000.
Specials in Evidence
$22,741 Herrera; $14,893 Lewis; $5,812 Blanco
Damages
Herrera, 48, owns a hair salon and claimed $110,000 in past wage loss; $500 unpaid property damage; $1,055 unreimbursed rental car. Blanco lost eight hours from her work as a receptionist and claimed $80 for wage loss.
Injuries
Herrera consulted with Dr. Steve Villareal and was diagnosed with cervical, thoracic, lumbosacral hip/thigh and shoulder/scapula sprain and strain. He was then consulted with W. Seth Bolling who diagnosed post-traumatic thoracic spine strain and sprain, radiculopathy, mild thoracic spondylosis, post-traumatic lumbar spine sprain and strain, radiculopathy, decreased lordosis, decreased disc height at T12-L1, facet asymmetry at L3-4, L5-S1 and facet arthrosis at L5-S1, disc desiccation and hypertrophic face arthropathy, L4-1 and L5-S1 2 millimeter posterior disc bulge with bilateral neuroforaminal narrowing at L4-5. A new MRI taken on Sept. 10, 2011 concluded bilateral hypertrophy of ligamentum flavum at L2-3 and L3-4, hypertrophic changes at facet joints at L4-5 with hypertrophy of ligamentum flavum. There was a 3 millimeter broad-based circumferential posterior disc/endplate osteophyte complex causing pressure over the anterior aspect of the thecal sac. There were mild narrowings of both neural foramina, there were mild hyperthropic changes at facet joints at L5-S1 level on the right side. Lewis first consulted with Dr. Villareal and was diagnosed with cervical, thoracic, chondrocostal, lumbosacral and shoulder/scapula sprains and strains as well as tension headaches, stress and anxiety. She then saw Dan Baune, D.C., and was diagnosed as suffering from brachial neuritis/radiculitis, cervical, thoracic, lumbar, lumbosacral sprain and strain and cervical, thoracic, lumbar sacrum (sacroiliac joint), subluxation, cervical, thoracic and lumbar spasms, and myalgia/myositis, neck pain, cervical and lumbosacral facet syndrome, myalgia and myositis unspecified, headache, and left shoulder sprain and strain. Blanco was seen by Dr. Villareal complaining of lower back and neck pain and difficulty sleeping.
Result
Arbitration award for $104,000 ($100,000 for Herrera; $2,000 for Lewis; $2,000 for Blanco).
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