Jamie Marquez v. Angel Martinez, JM Hydraulics Inc.
Published: Jan. 25, 2001 | Result Date: Dec. 8, 2000 | Filing Date: Jan. 1, 1900 |Case number: EC028093 Verdict – $122,257
Judge
Court
L.A. Superior Burbank
Attorneys
Plaintiff
Matthew S. McNicholas
(McNicholas & McNicholas LLP)
Defendant
Facts
On Oct. 30, 1998, the plaintiff had a flat tire and was driving in the slow lane of the 134 freeway. The defendant
was driving up behind the plaintiff. The defendant swerved at the last moment, striking the plaintiffÆs left rear
quarter panel. The impact caused approximately $1,500 ($3,100 previously paid according to the defendant) in
property damage to the plaintiffÆs vehicle.
The plaintiff claimed a 4 mm bulge was caused by the impact between C6-7 and required surgery. The plaintiff
claimed bilateral carpal tunnel entrapment aggravation requiring surgery which was completed prior to trial.
The defendant admitted liability.
Specials in Evidence
$36,950 (by stipulation) $26,000 $55,000 (future neck surgery)
Other Information
The defendantÆs biomechanical expert testified the change in velocity of the plaintiffÆs car as a result of the impact was between 4-6 mph, and that such an impact could not have caused a 4 mm bulge or aggravation of carpal tunnel entrapment.
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