Confidential
Settlement – $25,000Judge
Court
Riverside Superior
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Edward Komberg
(medical)
Edward G. Stokes
(medical)
John D. Adams
(medical)
William Warden
(medical)
Facts
On Jan. 13, 2001, the plaintiffs, Ernestine Djuvstad, 63 and Teresa Medina, 83, were rear passengers, seat-belted, in a car in the carpool lane on SR-91 in Riverside. Their vehicle was rear-ended at approximately 65 mph by a car driven by the defendant Kathy Callas and registered to the co-defendant Loc Nguyen.
Settlement Discussions
Medina demanded $100,000, lowered to C.C.P. Section 998 for $75,000 on the eve of trial; Djuvstad demanded $25,000. The defendants offered C.C.P. Section 998 to Medina, lowered to C.C.P. Section 998 on the eve of trial.
Damages
The plaintiffs' vehicle was totaled for which the defendants' insurance carrier paid $16,000.
Injuries
Plaintiff Djuvstad claimed she sustained whiplash. Plaintiff Medina claimed that she sustained a torn rotator cuff injury to her right dominant arm with residual severe motor deficits. She also claimed whiplash.
Other Information
Prior to trial, a non-binding arbitration was heard and the arbitrator awarded $15,000 to Djuvstad and $200,000 to Medina. The defendants requested a trial de novo, and the case proceeded to trial. Prior to jury selection, Djuvstad settled her claim for $10,000. On the first day of trial, Medina settled her claim for $15,000.
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