America Vergara v. Alejandro Herrera, Jean Demateo, Keybank USA National Association, Keycorp Finance Inc.
Published: May 25, 2004 | Result Date: Jul. 28, 2003 | Filing Date: Jan. 1, 1900 |Case number: VC036150 Verdict – $10,000
Judge
Court
L.A. Superior Norwalk
Attorneys
Plaintiff
Defendant
Jeffrey B. Coopersmith
(Orrick, Herrington & Sutcliffe LLP)
Experts
Plaintiff
Ezzat Wassef
(medical)
Joseph A. Bender
(technical)
Defendant
Robert Wilson
(medical)
Facts
On Jan. 18, 2001, plaintiff America Vergara, 60, was a passenger in a taxicab being driven on Florence Avenue in Huntington Park. The cab was sideswiped by a BMW Z3 operated by defendant Alejandro Herrera. Herrera had been parked along the curb before pulling out into traffic. The BMW was leased by Jean Demateo from Keybank USA National Association and Keycorp Finance Inc. The plaintiff sued defendants Herrera, Demateo, Keybank and Keycorp for negligence and permissive use.
Settlement Discussions
The plaintiff made a demand of $5,000, no offer was made.
Injuries
The plaintiff claimed she suffered sprains and strains of the cervical and lumbar spine. She sought medical specials of $9,902. Defendants Keybank and Keycorp argued that plaintiff's medical specials were excessive.
Result
Before trial, plaintiff settled with Demateo's insurers, thus releasing the insurers and Demateo from the case. A default judgment was entered against defendant Herrera. The jury found Keybank 30 percent liable, Keycorp 30 percent liable, the taxicab driver 20 percent liable and plaintiff 20 percent comparatively liable. The plaintiff was awarded $10,000 which was reduced to $7,270 (as per the fault apportionment pursuant to Prop. 51, C.C.P. Section 1431.2). After the credit from the settlement, plaintiff's net award was $2,270 against Keybank and Keycorp.
Deliberation
one day
Length
three days
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