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Personal Injury
Multiple Automobile Accident
Rear-End Collision

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

Robert C. Hight

Court

L.A. Superior Torrance


Attorneys

Plaintiff

Scott W. Landis

Wayne Hunkins


Defendant

John F. Brown


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


#92232

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