Kevin Wylie and Pamela Barela v. Anthony Mladinich
Published: Jan. 1, 2000 | Result Date: Jul. 26, 1999 | Filing Date: Jan. 1, 1900 |Case number: H2007724 Verdict – $63,129
Judge
Court
Alameda Superior
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Edward M. Katz
(medical)
Defendant
Clifford C. Raisbeck
(medical)
Facts
On March 18, 1997, plaintiff Kevin Wylie, a 44-year-old carpenter/foreman, was driving a Chevrolet S-10 pick-up truck on the eastbound Interstate 580 near Hayward, California. Plaintiff Pamela Barela, a 44-year-old machine operator, was in the passenger seat, wearing her seatbelt. The plaintiffs were stopped in traffic, when their vehicle was struck from behind by a 1993 Ford Ranger XLT Long Body pick-up truck driven by defendant Mladinich. In December 1997, plaintiff Wylie was involved in another automobile accident. The plaintiffs brought this action against the defendant based on negligence theories of recovery.
Settlement Discussions
Plaintiff Wylie made a C.C.P. º998 settlement demand for $49,999.99. The defendant made C.C.P. º998 offers of compromise for $7,750 to plaintiff Wylie, and $8,530 to plaintiff Barela.
Specials in Evidence
$11,919 (Wylie); $4,110 (Barela) $190 (Wylie); $419 (Barela) $____________ $_____________
Injuries
Plaintiff Wylie claimed he sustained three mildly bulging discs in his neck, and a bulging disc in his lower back, requiring future surgery. Plaintiff Wylie also claimed he required chiropractic treatment, which could not be provided by Kaiser Permanente. Wylie further claimed the injuries rendered him incapable of "working with the tools" as a carpenter, thus requiring him to rely exclusively on supervisory foreman jobs for his future income. Plaintiff Barela claimed she sustained a moderate cervical sprain, requiring physical therapy.
Other Information
The verdict was reached approximately one year and four months after the case was filed. A mediation was held on Feb. 3, 1999 before Stephen Harper, resulting in no settlement.
Length
four days
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