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Personal Injury (Vehicular)
Automobile Accident
Rear-End Collision

Tamara L. Lubas v. Craig Wilson

Published: Apr. 19, 1997 | Result Date: Apr. 2, 1997 | Filing Date: Jan. 1, 1900 |

Case number: SC014275 –  $5,000

Judge

William L. Peck

Court

Ventura Superior


Attorneys

Plaintiff

Marshall C. Sanders


Defendant

Diane Wegner Bush


Experts

Plaintiff

Bryan Keropian
(medical)

Michael Gitter
(medical)

Defendant

William K. Solberg
(medical)

Martin D. Levine
(medical)

Facts

On April 4, 1995, defendant Craig Wilson was operating an automobile near Moorpark City College. The defendant's girlfriend, plaintiff Tamara L. Lubas, a then 18-year-old, was a rear-seat passenger in the vehicle operated by the defendant. The defendant had just exited the campus parking lot when he came upon traffic backed up and could not stop his vehicle in time to avoid a collision. The plaintiff brought this action against the defendant based on a negligence theory of recovery.

Settlement Discussions

The plaintiff made a settlement demand for $60,000. The defendant made a settlement offer of $6,000, increased to $12,500.

Specials in Evidence

$8,600 (per the plaintiff) or $18,500 (per the defendant) $___________ $___________ $15,000

Injuries

The plaintiff alleged she suffered soft-tissue neck and back injuries, migraines, headaches and TMJ.

Other Information

The verdict was reached approximately one year after the case was filed. An arbitration was held on Jan. 8, 1997 before Alfred Keep resulting in an award of $27,250. The defendant requested a trial de novo. The plaintiff's medical expert apportioned two-thirds of the TMJ injury to this accident.


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