Lisa Dunn v. Mitzi Kapture
Published: Oct. 3, 2009 | Result Date: May 21, 2009 | Filing Date: Jan. 1, 1900 |Case number: LC072222 Verdict – $84,893
Court
L.A. Superior Van Nuys
Attorneys
Plaintiff
Candice S. Klein
(Chang Klein LLP)
Defendant
Thomas W. Shaver
(Shaver, Korff & Castronovo LLP)
Experts
Plaintiff
Arthur Kreitenberg M.D.
(medical)
Alessandro F. Anfuso
(technical)
Gil Tepper
(medical)
Defendant
Jeff Tirsch
(medical)
Anthony F. Feuerman
(medical)
Stephen L.G. Rothman M.D.
(medical)
Evan Marlowe
(medical)
Facts
On Jan. 8, 2005, Lisa Dunn, 37, slowed her vehicle to make a left turn into a residential driveway. At that point, Mitzi Kapture hit the brakes and her vehicle hydroplaned due to rainy weather. Kapture's vehicle collided with Dunn's vehicle and Dunn's vehicle was knocked up into planters off the street. Dunn sued Kapture for motor vehicle negligence.
Settlement Discussions
The plaintiff demanded $400,000 by C.C.P. Section 998. The demand then raised up to $600,000 at private mediation. The defense offered $225,000, via C.C.P. Section 998.
Specials in Evidence
$146,750.
Damages
Dunn asked the jury for a total of $2.5 million.
Injuries
The plaintiff claimed aggravation of a pre-existing back conditions. She underwent epidural injections and required physical therapy, and she had fusion surgery six months after the accident. The defendant contested plaintiff's claimed injuries, asserting that plaintiff had progressively worsening spondylolisthesis not related to the accident.
Result
The jury awarded Dunn $84,893. After the defendant's post-verdict offset for Hanif reduction of medical bills and award to defendant of C.C.P. Section 998 costs, the net judgment for plaintiff was $43,638.
Other Information
State Farm insured Kapture.
Deliberation
seven hours
Poll
12-0
Length
eight days
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