This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.

Personal Injury
Auto v. Auto
Intersection Collision

City of Los Angeles v. Hugh Hardy, et al.

Published: Apr. 7, 2012 | Result Date: Mar. 14, 2012 | Filing Date: Jan. 1, 1900 |

Verdict –  Defense

Court

L.A. Superior Central


Attorneys

Plaintiff

Gail Owen-Smith


Defendant

Denise Thompson
(Law Office of Craig A. Holtz)


Experts

Plaintiff

Louis Volpicelli
(medical)

Defendant

Bradley S. Thomas
(Thomas Law Firm) (medical)

Facts

On Dec. 4, 2007, Patricia Berry, while employed by plaintiff City of Los Angeles, was driving southbound on Crenshaw Boulevard near Los Angeles. Berry came to a stop at the intersection of Washington and Crenshaw Boulevard. At the same time, defendant Hugh Hardy was traveling southbound on Crenshaw Boulevard in a 2000 Lincoln Navigator when his vehicle came into contact with the rear of Berry's vehicle.

The City of Los Angeles is sought to recover costs paid on Berry's behalf for alleged injuries incurred in the accident and damage to their property.

Contentions

PLAINTIFF'S CONTENTIONS:
Plaintiff alleged medical bills stemming from a torn meniscus and injury to employee's back in the amount of $25, 463 and injury on duty payments in the amount of $15,872.

DEFENDANT'S CONTENTIONS:
Defense contended impact not sufficient to cause any damage or injury and injury was pre-existing.

Settlement Discussions

Plaintiff demanded $34,848, then $30,000 at the mandatory settlemennt conference, then $25,000 on the third day of trial. Defense made a CCP 998 offer of $6,200. However, once defendant's CCP 998 expired, the offer dropped to $2,500.

Specials in Evidence

$15,872 $25,463

Result

Defense. The jury found no causation for damages and no damages.

Other Information

FILING DATE: Dec. 1, 2009.

Deliberation

half hour

Poll

11-1 (negligence), 12-0 (damages)

Length

three days


#96662

For reprint rights or to order a copy of your photo:

Email jeremy@reprintpros.com for prices.
Direct dial: 949-702-5390