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Personal Injury (Vehicular)
Auto v. Pedestrian
Dart Out

Juan Adolfo Higuera v. Irene Robin Smith, et al.

Published: Sep. 4, 1999 | Result Date: Jun. 2, 1999 | Filing Date: Jan. 1, 1900 |

Case number: LC036029 Arbitration –  $0

Judge

Russell A. Bostrom

Court

L.A. Superior Van Nuys


Attorneys

Plaintiff

Clifford L. Lindvig


Defendant

Steven D. Levine


Experts

Plaintiff

Sion Nobel
(medical)

Facts

At around noon on Feb. 23, 1995, plaintiff Juan Higuera, a 21-year-old laborer, was walking near Sepulveda Boulevard and Valleyheart Boulevard in Sherman Oaks. He was attempting to cross Sepulveda, from west to east, near where Hesby Avenue and Valleyheart form T-intersections with Sepulveda on its east side. The plaintiff had reached the number-one lane of southbound Sepulveda, when he was struck by a vehicle driven by defendant Irene Smith. The plaintiff brought this action against the defendant based on negligence theories of recovery.

Settlement Discussions

The plaintiff made an initial settlement demand for $60,000. The defendant made no settlement offers.

Specials in Evidence

$50,000 Unknown

Injuries

The plaintiff sustained a fracture of the left acetabulium and superior pubic ramos, with associated pelvic hematoma; a fracture of the left elbow; and contusions to the hands, legs and face. The plaintiff underwent two surgeries for his injuries, and was left with scars and a deformity of his left elbow.

Other Information

The defense award was reached approximately three years and four months after the case was filed. The half-day arbitration was held before Hon Russell A. Bostrom (Ret.) of Judicate West, resulting in the reported award.


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