Boutte v. Kiely
Published: Oct. 12, 2004 | Result Date: Aug. 18, 2004 | Filing Date: Jan. 1, 1900 |Case number: SC032770 Verdict – $0
Judge
Court
Ventura Superior
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Wayne Press
(medical)
Defendant
Donald Miller
(technical)
Facts
The subject suit was the result of a rear-end automobile accident that occurred on Cochran Avenue in Simi Valley on Dec. 15, 2001. The plaintiff, a 58-year-old male employed as a fork lift operator, was a passenger in a car that was rear-ended by the defendant. The plaintiff contended that he injured his back in the accident resulting in a disc protrusion confirmed on MRI studies. He also contended that as a result of the injury, he was unable to pursue a career as a real estate broker. The defendants conceded liability but claimed that this minor accident could not have caused the plaintiff to be injured.
Settlement Discussions
The plaintiff demanded $9,750, the amount of the prior arbitration award. The defendant made a C.C.P. Section 998 offer of $1,000.
Specials in Evidence
$4,950 $2,579 $20,000 annually
Damages
$5,350
Injuries
The plaintiff claimed a dic protrusion in his lower back as a result of the accident. He was treated with his family doctor at Kaier and then with a chiropractor An MRI confirmed the disc protrusion.
Deliberation
1.25 hours
Poll
11-1
Length
two days
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