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Personal Injury (Vehicular)
Auto v. Auto
Negligence

James Groszek v. Nancy Silliman

Published: Jun. 12, 1999 | Result Date: Apr. 29, 1999 | Filing Date: Jan. 1, 1900 |

Case number: 787234 Verdict –  $38,100

Judge

Robert Gardner

Court

Orange Superior


Attorneys

Plaintiff

John McBrearty


Defendant

Kelly A. Migoya


Experts

Plaintiff

Curtis W. Spencer III
(medical)

Defendant

Gary L. Painter
(medical)

Facts

On Sept. 13, 1997, the plaintiff, a 37-year-old warehouse worker, was rear ended on the Garden Grove freeway in the City of Orange by defendant. The plaintiff brought this action against the defendant based on negligence.

Settlement Discussions

The plaintiff initially demanded $18,942.56 to settle all claims. The defendant's insurance carrier was unaware of the policy limits demand and therefore did not respond to the demand once the insurance carrier became aware of the policy limits demand, they offered it, but it was rejected. Prior to trial, the plaintiff increased his demand to $50,000 and defendant offered $26,715 prior to trial.

Specials in Evidence

$4,087 $6,590 $6,090

Damages

$5,038.30 (including towing, storage and car rental)

Injuries

The plaintiff sustained soft tissue injury to neck and back and a 25 percent compression fracture at L1.

Other Information

The court ordered arbitration resulted in a $26,715 award in favor of plaintiff. The defendant filed a request for trial de novo.

Deliberation

45 minutes

Poll

12-0

Length

1½ days


#96934

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