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Personal Injury (Vehicular)
Automobile Accident
Rear-End Collision

Ortega, et al. v. Martin, et al.

Published: Feb. 6, 1999 | Result Date: Dec. 24, 1998 | Filing Date: Jan. 1, 1900 |

Case number: RCV29986 Verdict –  $0

Judge

Joseph E. Johnston

Court

San Bernardino Superior


Attorneys

Plaintiff

Karl James Knudson


Defendant

Thomas Borncamp
(Yukevich Cavanaugh)


Experts

Plaintiff

Michael Parillo
(technical)

Defendant

Eron J. Martin
(technical)

Facts

On Feb. 8, 1997, the plaintiffs, Armando and Lidia Ortega, and the 4-year-old son Jonathan, were rear-ended by defendant while on Central on ramp to the east 10 Freeway. The plaintiff brought this action against the defendant based on a negligence theory of recovery.

Settlement Discussions

The plaintiff made a C.C.P. º998 settlement demand for $ ________. The defendant made a C.C.P. º998 offer of compromise for $ _________.

Specials in Evidence

$3,710 (Armando Ortega); $3,755 (Lidia Ortega); $1,335 (Jonathan Ortega)

Injuries

The plaintiffs claimed moderate neck and back strain/sprains to each, requiring three months of physical therapy. The plaintiff, Jonathan Ortega, claimed residual emotional and psychological distress following the impact.

Other Information

The verdict was reached approximately one year and two months after the case was filed. An arbitration was held before Martin Cervantes, resulting in a $6,250 award; the defendant then requested a trial de novo.

Deliberation

three hours

Poll

12-0 (damages)

Length

four days


#93989

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