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Personal Injury (Vehicular)
Auto v. Pedestrian
Negligence

Avital Liberman v. Stacey Owens, et al.

Published: Nov. 20, 1999 | Result Date: Oct. 7, 1999 | Filing Date: Jan. 1, 1900 |

Case number: BC178400 –  $0

Judge

David D. Perez

Court

L.A. Superior Santa Monica


Attorneys

Plaintiff

Perry Fredgant

Herbert Dodell


Defendant

Steven M. Maslauski
(Prindle, Goetz, Barnes & Reinholtz LLP)

Joseph Y. Geri
(Law Office of Tracey Lazarus)


Experts

Plaintiff

Isaac Schmidt
(medical)

Gil Tepper
(medical)

Defendant

John Eickmeyer
(technical)

Facts

Plaintiff Avital Liberman, a 24-year-old saleswoman, was crossing a street to attend a wedding on the night of March 9, 1997. The wedding was on Robertson Boulevard at Whitworth, between Pico Boulevard and Olympic Boulevard. The plaintiff crossed the street after the sun had set and one of the street lights on Robertson and Whitworth was not functioning. At the time of the accident, there was no crosswalk on Robertson and Whitworth. The plaintiff was struck by a vehicle driven by the defendant. The plaintiff alleged that the defendant was inattentive and not looking at the road. After being struck by defendant's vehicle, the plaintiff was again struck by a vehicle traveling in the opposite direction and was dragged 40 feet down Robertson Boulevard.

Settlement Discussions

The plaintiff made an early statutory offer of $100,000, which was not renewed. At the mandatory settlement conference, the plaintiff indicated that she would accept $500,000. The defendant offered nothing.

Specials in Evidence

$96,549 capacity $1.8 million (especially for permanent limp and bone infection) $25,000

Deliberation

two days

Poll

9-3 (for defendant on liability)

Length

nine days


#97067

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