Natosha Lee, Aiden Lee v. Guy S. MacKnight
Published: Mar. 31, 2012 | Result Date: Feb. 23, 2012 | Filing Date: Jan. 1, 1900 |Case number: CIVRS 1008051 Verdict – $800,000
Court
San Bernardino Superior
Attorneys
Plaintiff
Stephen A. King
(Carpenter, Zuckerman & Rowley)
Robert A. Rodriguez Jr.
(Rodriguez Apodaca Law Firm LLP)
Nicholas C. Rowley
(Trial Lawyers for Justice)
Defendant
Margaret M. Warner
(McDermott, Will & Emery LLP)
Facts
On July 14, 2009, at 6:19 p.m., defendant Guy MacKnight, an 80-year-old World War II Veteran, turned into plaintiff Natosha Lee's path of travel at the intersection of 5th Street and Boulder in Ontario.
Contentions
PLAINTIFF'S CONTENTIONS:
Plaintiff claimed automobile negligence against defendant and alleged that she was not at fault for the collision.
DEFENDANT'S CONTENTIONS:
Defendant claimed that plaintiff only suffered minor sprain/strain injury and should have healed up with 12 visits to physiotherapy. Plaintiff had only minor injuries and the disc protrusions in her lower back were degenerative and not caused by the collision as testified to by defense experts Dr. Kevin Triggs, M.D., orthopedic surgeon and Dr. Stephen Rothman, M.D., neuroradiologist.
Settlement Discussions
Plaintiff demanded $79,000 before trial. State Farm Insurance Company's last offer was for $30,000.
Injuries
Plaintiff was 23 years old. Plaintiff's x-rays and CT scans were normal. She received conservative physical therapy. Her neck got better but not her lower back. She got pregnant and went 11 months without any treatment or back complaints by any medical providers. After the pregnancy, her lower back pain from the collision persisted. She eventually received two epidurals for the pain. The defense claimed treatment after the 11 month gap was unrelated to the accident.
Result
$800,000.
Other Information
Defendant and plaintiff stipulated that MacKnight was responsible for the accident. INSURER: State Farm Insurance Company.
Deliberation
six hours
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