Hiromi Sasano v. Michael Anthony Irving, Adecco North America LLC
Published: Jun. 2, 2004 | Result Date: Jan. 15, 2004 | Filing Date: Jan. 1, 1900 |Case number: GIC800665 Verdict – $43,298
Judge
Court
San Diego Superior
Attorneys
Plaintiff
Defendant
Jeffrey M. Anielski
(Diederich & Associates)
Experts
Plaintiff
Robert M. Maywood
(medical)
Michael Rintala
(medical)
Defendant
William P. Curran Jr.
(medical)
Eugene Vanderpol II
(technical)
Facts
On Aug. 22, 2002, the plaintiff, Hiromi Sasano, was driving her vehicle northbound on Camino Del Mar in the city of Del Mar. As the plaintiff was driving down the hill towards the beach, the traffic suddenly came to a stop. The plaintiff stopped her vehicle and waited between 5-10 seconds for the traffic to proceed when she was rear-ended by the defendant. Soon after the collision, the plaintiff experienced pain in her neck and back and other parts of her body. The plaintiff received chiropractic treatment over the course of a year. The plaintiff also sought consultation from medical doctors. The defendant's expert first reported that "more likely than not, the plaintiff's injuries were caused by the motor vehicle accident." However, this expert changed his opinion, four weeks before trial, stating that after reading the defense biochemical expert witnesses report, many of the plaintiff's complaints cannot be medically substantiated. The defendant's biochemical expert testified the speed of the defendant's vehicle, based upon photographs and damage estimates was between 6-8 mph and that she could not have suffered significant injury. Biomechanical expert opinion regarding medical matters was excluded by motion in limine before trial.
Settlement Discussions
Before the defendant employer was added as a defendant, the plaintiff made a C.C.P. Section 998 demand of $25,000 policy limits. The defendant made a C.C.P. Section 998 offer of $10,000. After the C.C.P. Section 998s expired, the defendant made no further offer.
Specials in Evidence
$8,402 (chiropractic); $896 (medical)
Damages
The plaintiff's vehicle suffered $2,686 in property damage, and the defendant's vehicle (a Mercedes S 500) suffered $10,134 in property damage.
Injuries
Soft tissue, cervical, thoracic and lumbar sprain/strain.
Result
The jury verdict was in the amount of $43,298. Total recovery after post judgment motions amounted to $55,644.
Other Information
The judgment exceeded the plaintiff's C.C.P. Section 998 offer and the court awarded expert witness fees and prejudgment interest to the plaintiff pursuant to C.C.P. Section 998.
Length
four days
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