Confidential v. John Hunt
Published: Oct. 14, 2000 | Result Date: Feb. 4, 2000 | Filing Date: Jan. 1, 1900 |Case number: YC033942 Verdict – $0
Judge
Court
L.A. Superior Torrance
Attorneys
Defendant
Lisa J. McMains
(Wesierski & Zurek LLP)
Experts
Plaintiff
Susan P. Bleecker CPA
(technical)
Jacob E. Tauber M.D.
(medical)
James G. Kent Ph.D.
(technical)
Rodolfo Garcia
(medical)
Sandra Schneider
(technical)
Defendant
John R. Brault M.S.
(technical)
Kendall S. Wagner M.D.
(medical)
Facts
The plaintiffs landscaping assistants, ages 39 and 31, worked for Cal Tropics Landscaping. On Jan. 9, 1998, the plaintiffs were driving away from their work site after a half-day of work because of rain. The plaintiffs were driving in their employer's vehicle in Redondo Beach when they were rear-ended by defendant.
Settlement Discussions
The parties attempted mediation with Judicate West mediator Judge Russell Bostrom. The mediation lasted 3-4 hours but was unsuccessful. The plaintiffs initially demanded $300,000 each, but this demand was reduced to $100,000 each at the mediation. The defendant offered $25,000 to the 39-year-old plaintiff and $20,000 to the 31-year-old plaintiff.
Specials in Evidence
$24,000 (39-year-old plaintiff); $6,000 (31-year-old plaintiff) $120,000 (39-year-old plaintiff); $90,000 (31-year-old plaintiff) $50,000 (39-year-old plaintiff)
Damages
$900 in property damage to plaintiffs' vehicle was paid prior to initiation of lawsuit
Injuries
The 39-year-old plaintiff claimed aggravation of pre-existing injuries, including 3 mm disc bulge/herniation at L5-S1 requiring future surgery and resulting in permanent disability. The 31-year-old plaintiff claimed aggravation of pre-existing injuries, including 2 mm disc bulge at L4-5 and resulting in permanent disability.
Other Information
The plaintiffs appeals were dismissed in exchange for a waiver of the defendant's cost bill.
Deliberation
40 minutes
Poll
9-3
Length
two weeks
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