Bernadine Flores v. Kent Farlin
Published: Aug. 3, 1996 | Result Date: Jun. 19, 1996 | Filing Date: Jan. 1, 1900 |Case number: CV739148 – $165,000
Judge
Court
Santa Clara Superior
Attorneys
Plaintiff
Scott Seabaugh
(Seabaugh Law Office)
Defendant
Experts
Plaintiff
James A. Saadi
(medical)
Defendant
Robert L. Weinmann
(medical)
Facts
On July 22, 1993, the plaintiff, Bernandine Flores, a 24-year-old telephone company operator, was stopped at a red light in her 1992 Dodge Shadow at the intersection of Snell Ave. and Brawham Ln. The defendant driver, Kent Farlin, was operating a large service truck owned by the defendant company, Air Products & Chemicals. The defendant driver was intoxicated. The truck operated by the defendant driver struck the plaintiff's vehicle in the rear. The plaintif brought this action against the defendants -- Farlin and Air Products Chemicals -- based on negligence theories of recovery.
Settlement Discussions
The plaintiff made a settlement demand for $125,000. The defendant made an offer of compromise for $75,000.
Specials in Evidence
$11,763 $19,200
Injuries
The plaintiff claimed she sustained a non-surgical bulging disk at L5-S1, requiring physical therapy and injections and resulting in continued pain, discomfort, numbness and tingling, as a result of the accident.
Other Information
The verdict was reached approximately two years and three months after the case was filed. An arbitration was held on April 13, 1995 before Russel Swerdon resulting in an award of $45,000. The plaintiff moved for trial de novo, resulting in the reported verdict.
Deliberation
45 minutes
Poll
9-3 (damages)
Length
2 days
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