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Personal Injury (Vehicular)
Auto v. Auto
Broadside Collision

Suzanne Labiner v. Omar Cruz Guerrero, et al.

Published: Jun. 1, 2002 | Result Date: Apr. 25, 2002 | Filing Date: Jan. 1, 1900 |

Case number: BC243357 Verdict –  $107,883

Judge

Rodney E. Nelson

Court

L.A. Superior Central


Attorneys

Plaintiff

Lessing C. Solov
(Solov & Teitell APC)


Defendant

Steven E. Garfinkle


Experts

Plaintiff

Clive M. Segil M.D.
(medical)

Defendant

Jacob E. Tauber M.D.
(medical)

Facts

The plaintiff, a 71-year-old female, was driving north on La Brea Ave. in Los Angeles when she was struck
broadside by an automobile being test driven east on Venice Blvd., by an employee of Culver City Nissan who
had run the red light. The plaintiff suffered a soft-tissue, low-back injury and claimed tinnitus and loss of smell
as a result of the air bag deployment.
The plaintiff contended that, as a result of the accident, she has chronic low back pain, tinnitus and loss of
smell.
The defendant admitted liability but contended that the plaintiffÆs pre-existing spinal degeneration and age
accounted for her symptoms.

Settlement Discussions

The defendant made a C.C.P. Section 998 offer of $12,500. The plaintiff submitted a demand of $20,000.

Specials in Evidence

$7,883

Injuries

Lumbo-sacral sprain and claimed tinnitus and loss of smell.

Deliberation

five hours

Poll

12-0 (causation), 9-3 (damages)

Length

10 hours


#97559

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