Stephen Ramos v. Maria Karmalyuk
Published: Jun. 8, 2004 | Result Date: Jan. 26, 2004 | Filing Date: Jan. 1, 1900 |Case number: 323687 Verdict – $607
Judge
Court
San Francisco Superior
Attorneys
Plaintiff
Timothy M. Hamilton
(Walker, Hamilton & Koenig LLP)
Defendant
Experts
Plaintiff
Charles Davis
(medical)
Jay Kaiser
(medical)
Ernest Sponzilli
(medical)
Defendant
Rudy Degger
(technical)
Norman B. Livermore III
(medical)
Paul R. Perchonock
(medical)
Laura L. Liptai
(technical)
Facts
Plaintiff Stephen Ramos, 38, was driving his 2000 Volkswagen Passat in downtown San Francisco. He was rear-ended by a 1999 BMW driven by defendant Maria Karmalyuk. The impact was low and there was minimal property damage. The plaintiff sued defendant alleging vehicular negligence. The defendant did not dispute liability, but disputed causation of plaintiff's claimed injuries.
Settlement Discussions
The plaintiff made a demand of $100,000 (policy limits), which was reduced to $65,000 at trial with an indication of less. The defendant made a C.C.P. Section 998 offer of $12,000.
Injuries
The plaintiff claimed he suffered back injuries, including herniated discs at L2-3 and L4-5. He treated with a physiatrist and underwent physical therapy. Treatment included four epidural injections, medication and a nucleaplasty. The plaintiff claimed he suffered an aggravated hernia requiring surgery. He claimed past medical specials of $9,000, possible future back surgery, loss of income and pain and suffering damages.
Result
Before trial, a non-binding arbitration was held and the arbitrator awarded the plaintiff $25,000. The plaintiff requested trial de novo. The jury found for plaintiff. He was awarded $107 in damages for one visit to his primary care doctor and $500 for five days of pain and suffering from the date of the accident to the first doctor visit.
Deliberation
1.5 days
Length
eight days
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