Belem Martinez v. Jesse B. Hathaway
Published: Mar. 15, 2014 | Result Date: Dec. 4, 2013 | Filing Date: Jan. 1, 1900 |Case number: S-1500-CV-276766 Verdict – Defense
Court
Kern Superior
Attorneys
Plaintiff
Defendant
C. Douglas Fitz-Simmons
(Mark R. Weiner & Associates)
Experts
Plaintiff
Barry L. Bender
(medical)
Daniel Silver M.D.
(medical)
Defendant
Geoffrey M. Miller M.D.
(medical)
Facts
Belem Martinez sued Jesse Hathaway, in connection with a collision that occurred on July 12, 2010 in Bakersfield.
Contentions
PLAINTIFF'S CONTENTIONS:
Martinez contended that Hathaway hit the side of his vehicle as he entered an intersection. Martinez contended that he had the right of way, and that Hathaway failed to yield to him, causing the collision. Plaintiff alleged Hathaway was liable for motor vehicle negligence.
Settlement Discussions
Martinez demanded $40,000 in settlement, to which Hathaway responded with a $15,000 CCP 998 offer.
Damages
He claimed $135,183 in total damages.
Injuries
Martinez suffered injuries to his neck, back, knee, and elbow. He sustained disc bulges and a left meniscus tear. He treated with a chiropractor and orthopedist. Hathaway disputed the extent of Martinez's injuries, claiming that the meniscus tear was caused by a previous accident that occurred in May 2010.
Result
The jury decided in Hathaway's favor, finding that Martinez's injuries were not related to the accident.
Deliberation
1.5 hours
Poll
10-2
Length
three days
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