Leigh Ann Wagner v. Sylvia Kim Tse Grantham
Published: Sep. 10, 2005 | Result Date: Aug. 19, 2005 | Filing Date: Jan. 1, 1900 |Case number: YC046981 Verdict – $1,312,520
Judge
Court
L.A. Superior Torrance
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Daniel A. Capen
(medical)
Kerry M. Clark
(technical)
Jonathan E. Cohen
(technical)
Thomas Kockinis
(medical)
Defendant
Stewart L. Shanfield
(medical)
Judson B. Welcher Ph.D.
(technical)
Facts
Plaintiff Leigh Ann Wagner, 49, was driving her Mustang when she was involved in a three-car freeway accident.
Settlement Discussions
The plaintiff made a C.C.P. Section 998 offer of $250,000 (policy limit). After the statutory offer expired, the plaintiff demanded $1.2 million. The defendant's insurance carrier indicated a settlement offer of $300,000.
Specials in Evidence
$328,000 $1,255,000 $329,000
Damages
The plaintiff claimed she lost her job of managing showrooms for Brown Jordan and loss of general enjoyment of life. She also claimed $200,000 in the loss of ability to provide household services.
Injuries
The plaintiff alleged soft tissue neck and lower back injuries. She underwent fusion surgery of L4 to L5 and L5 to S1. The plaintiff also suffered propriaception, a condition that resulted in her loss of balance.
Result
The jury awarded $2,916,712. The defendant was found 45 percent liable ($1,312,520) and the plaintiff was found 55 percent liable ($1,604,192).
Deliberation
one day
Poll
12-0
Length
two weeks
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