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Personal Injury (Vehicular)
Automobile Accident
Negligence

Kyeong Seon Lee v. Wal Mart Stores Inc.

Published: Sep. 9, 2000 | Result Date: Aug. 24, 2000 | Filing Date: Jan. 1, 1900 |

Case number: 814305 Verdict –  $0

Judge

Robert Gardner

Court

Orange Superior


Attorneys

Plaintiff

Richard D. Hoffman


Defendant

Tyrone J. Maho


Experts

Plaintiff

Chin Goo Kim
(medical)

Defendant

Christopher J. Kim
(medical)

Facts

The plaintiff, a 33-year-old student, had her 1994 Toyota Paseo serviced at the Tire and Lube Express at the Westminster Wal Mart. The plaintiff was driving home on the 57 freeway at approximately 65 mph when her car hood suddenly flew up, striking and shattering her windshield.

Settlement Discussions

The plaintiff demanded the arbitration award of $29,661. The defendant offered to waive costs.

Specials in Evidence

$6,300

Injuries

Post-traumatic musculoligamentous strain injury, thoracic and lumbar spine. Additionally, the plaintiff alleged a serious thumb injury resulting from cleaning her car five months post-incident. She alleged that a piece of glass left over from the shattered windshield cut her thumb and became lodged near the bone, requiring surgery.

Other Information

<A>On June 16, 2000, an arbitration was held by Jeffrey I. Pheffer, resulting in $29,661 to plaintiff, plus costs. The defendant filed a request for trial de novo.</A>

Deliberation

three hours

Poll

9-3 (negligence), 9-3 (causation)

Length

four days


#93106

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