Marin, et al. v. Choo
Published: Jan. 18, 2001 | Result Date: Dec. 5, 2000 | Filing Date: Jan. 1, 1900 |Case number: KC030904 Verdict – $9,672
Judge
Court
L.A. Superior Pomona
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Donald DeGrange
(medical)
Joseph Page
(medical)
Defendant
Allen S. Bursk
(medical)
Thomas F. Fugger Jr., P.E.
(technical)
Facts
On Sept. 27, 1998, at 6:15 p.m., the defendant was driving westbound in the No. 1 lane of traffic on the San
Bernardino Freeway just east of Vincent Avenue in Pomona. The defendant was driving a gray 1998 MBZ
C280 and traveling at approximately 40 mph.
At the same time, plaintiff Gerardo A. Marin, a 38-year-old computer service specialist, was traveling ahead of
the defendant in a white 1997 Toyota Tacoma pick-up truck, with plaintiff Jesse Franco, a 15-year-old student,
riding as his passenger. Marin stopped for traffic, and the defendant rear ended him at full speed.
Settlement Discussions
Plaintiff Marin made a C.C.P. Section 998 demand of $100,000 and plaintiff Franco made a C.C.P. Section 998 demand of $65,320.
Specials in Evidence
$42,928 (Marin); $29,967 (Franco) $35,000 (Marin) $25,000 (Franco)
Injuries
Marin allegedly sustained ruptured and herniated discs above and below prior cervical fusion at C3- C5, which he had following an industrial accident in which he was involved in 1991. Marin had cervical fusion surgery at C6, C7 on Sept. 14, 2000. Franco alleged neck and lower back injuries and ongoing low back pain resulting in sleeping disorders and the need for surgery for lumbar disc disease at L3, L4 and L5, S1 within ten years.
Other Information
<A>Arbitration before Gary R. White resulted in an award of $15,000 to Marin and $6,500 to Franco, but the plaintiffs moved for a trial de novo.</A> <E>The defendantÆs biomechanical expert calculated a delta v of 12 mph upon impact of the defendant into the plaintiffÆs vehicle.</E>
Deliberation
eight hours
Poll
12-0 (all issues)
Length
six days
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