Rita Farkas v. Shauna L. Buffington, Hunter G. Erkenbeck
Published: Apr. 26, 2014 | Result Date: Jan. 15, 2014 | Filing Date: Jan. 1, 1900 |Case number: 37-2012-00085543-CU-PA-CTL Verdict – Defense
Court
San Diego Superior
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Mary Walsh-Cole
(medical)
Defendant
Takeo Yamamoto
(medical)
Facts
Rita Farkas sued Shauna Buffington and Hunter Erkenbeck, based on a traffic accident.
Contentions
PLAINTIFF'S CONTENTIONS:
Farkas claimed that on Nov. 22, 2010, a vehicle driven by Erkenbeck hit her from behind while she was driving. Farkas sued Erkenbeck and the owner of his vehicle, Buffington. She argued that Erkenbeck had been driving recklessly, and that Buffington was also responsible. However, Farkas later dismissed Buffington from the action.
DEFENDANT'S CONTENTIONS:
Erkenbeck argued that the accident had not been very serious, and that the collision had been minor. As a result, he contested Farkas's injuries, claiming that they could not have been the result of the accident. He further asserted that Farkas had a 20-year history of jaw problems, meaning her injuries were not related to the accident.
Settlement Discussions
Farkas demanded $35,000 to settle, pursuant to CCP Section 998. Erkenbeck made a $10,000 Section 998 offer to settle.
Damages
Farkas requested $60,000 in damages.
Injuries
Farkas injured her neck, lower back, and jaw. She claimed she later developed trigeminal neuralgia in her jaw, requiring oral surgery and an appliance fit into her jaw.
Result
The jury ruled in favor of the defense.
Other Information
INSURER: State Farm Mutual Automobile Insurance Co.
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