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Personal Injury (Vehicular)
Auto v. Truck
Broadside Collision

Lee Olson, Becky Olson, a minor, by and through her Guardian Ad Litem, Lee Olson, Corrine Olson, a minor, by and through her Guardian Ad Litem, Lee Olson v. Pedro Escalante and Tate Enterprises

Published: Sep. 25, 1999 | Result Date: Jul. 23, 1999 | Filing Date: Jan. 1, 1900 |

Case number: SC019946 Verdict –  $17,500

Judge

Marvin H. Lewis

Court

Ventura Superior


Attorneys

Plaintiff

Albro L. Lundy
(Baker, Burton & Lundy PC )


Defendant

Terrence M. Kelly


Experts

Plaintiff

Arthur Kreitenberg M.D.
(medical)

Laura Paine
(medical)

Michael Sinnel
(medical)

Bruce Grossman
(technical)

Defendant

John L. Howard
(medical)

Facts

On Feb. 22, 1997, plaintiff, a 16-year-old student, was riding as a front seat passenger in a vehicle being driven by her father. Her younger sister was riding in the back seat. As plaintiff's Ford Taurus proceeded into the intersection on a green light, defendant Tate Enterprises' Chevrolet pick-up, driven by defendant Pedro Escalante, struck another vehicle and upon veering off, struck the Ford Taurus on the passenger side in the area where plaintiff was sitting.

Settlement Discussions

The plaintiff demanded $150,000. The plaintiff made a C.C.P. º998 demand of $99,999.99 on the eve of trial. The defendants offered $40,000.

Specials in Evidence

$17,500 $95,000 - $627,000 $45,000

Injuries

The plaintiff claimed soft tissue injuries to the neck and back. The primary alleged injury was complex regional pain syndrome to the brachial plexus (collection of nerves between the shoulder and neck) which caused continuing pain, tingling and numbness for the nearly 2+ years between the accident date and the trial. Since plaintiff was right handed, she alleged limitations in performing everyday activities, especially in writing.

Other Information

The plaintiff requested a trial de novo. According to the defendant, following the trial, plaintiff agreed to accept $15,000 in exchange for a waiver of defendants' fees and costs.

Deliberation

three hours

Poll

10-2

Length

five days


#96513

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