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Personal Injury (Vehicular)
Truck Accident

Nancy Sudderth v. Roberto R. Garcia, et al.

Published: Apr. 2, 1994 | Result Date: Mar. 18, 1994 | Filing Date: Jan. 1, 1900 |

Case number: SWC109867 –  $70,000

Judge

Douglas A. McKee

Court

L.A. Superior Torrance


Attorneys

Plaintiff

Richard A. Harting

Scott W. Landis


Defendant

Steve R. Rosenthal

Lauren L. McNerney


Experts

Plaintiff

Robert L. Green
(medical)

Richard X. Hanson
(technical)

Defendant

George M. Brinton
(technical)

Edward A. Abraham M.D.
(medical)

Stephen L.G. Rothman M.D.
(medical)

Edward L. Workman
(technical)

Facts

On November 29, 1988 at approximately 9:15 a.m. Plaintiff, a 38-year-old inspector for the South Coast Air Quality Management District was en route to work and driving her vehicle westbound on El Segundo Boulevard. Plaintiff brought her vehicle to a stop at the uncontrolled intersection of Menlo Avenue and El Segundo Boulevard, to allow for pedestrians to cross the street. While Plaintiff was stationary at this unmarked intersection, her vehicle was struck in a rear end collision by a truck driven by Defendant Roberto R. Garcia who was operating the vehicle during the course and scope of his employment. Defendant Gerisch Products was the delivery truck driver's employer. Both parties submitted a joint statement of the case and signed stipulation of facts.

Settlement Discussions

Plaintiff contends her demand was a 998 in the amount of $60,000 and Defendant's offer was a 998 in the amount of $20,000.

Specials in Evidence

$9,800 $8,000 $82,000 None

Damages

Property damage approximately $200.

Injuries

Acute cervical and lumbar sprain with misculoligamentous stretch injury requiring testing and physical therapy. As a result of the impact, Plaintiff claimed she had suffered injuries to her cervical and lumbar spine that had compelled her to take a medical leave of absence from her position as an inspector at SCAQMD; this resulted in lost wages, loss in value of her pension and a loss of future earning capacity as her continued physical deterioration prohibits her from returning to gainful employment.

Deliberation

2 days

Poll

12-0 liability, 9-3 damages

Length

6 days


#94325

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