Jennifer Dawson, Douglas Dawson v. Mary Bielat, and Does 1 through 10, inclusive
Published: Jan. 9, 2016 | Result Date: Nov. 4, 2015 | Filing Date: Jan. 1, 1900 |Case number: 30-2013-00680951-CU-PA-CJC Verdict – $15,000
Court
Orange Superior
Attorneys
Plaintiff
H. Gavin Long
(Bisnar Chase LLP)
Defendant
Jennifer L. Russell
(Ford, Walker, Haggerty & Behar LLP)
Armen A. Avakian
(Ford, Walker, Haggerty & Behar LLP)
Experts
Plaintiff
Gerald Alexander M.D.
(medical)
Facts
On May 14, 2012, plaintiff Jennifer Dawson, 41, who was driving a 2012 Vita View Passat on westbound La Palma near Huxford Lane in the City of Anaheim. Defendant Mary Bielat, 63, who was driving a 2006 Nissan 350Z rear-ended plaintiff. Plaintiff's vehicle was subsequently pushed forward into a third vehicle, a 2010 Toyota Prius.
Contentions
PLAINTIFF'S CONTENTIONS:
Plaintiff claimed defendant was negligent in the operation of her vehicle, resulting in a three-vehicle accident.
DEFENDANT'S CONTENTIONS:
Defense argued that the case was nothing more than a soft tissue case and there were no objective findings to correlate with any of the subjective complaints.
Settlement Discussions
According to the defense, plaintiff asked the jury for a minimum of $4,289,434 for Jennifer Dawson and $150,000 for Doug Dawson. Defendant argued that the case was worth $10,000 for Jennifer and $0 for Doug.
Damages
Plaintiff argued she could have become a nurse but for the injuries from the accident. Plaintiff also argued that her husband, Douglas Dawson's life was not the same and he suffered and had a loss of consortium claim. Defendant claimed the loss of earning capacity claim was completely speculative. Defendant claimed that Douglas Dawsons' claimed loss of consortium was not reasonable.
Injuries
Plaintiff claimed she sustained neck and back injuries that resulted in undergoing several injections and a cervical fusion. Plaintiff also argued that a lumbar fusion was necessary. Although plaintiff did have the neck surgery, defendant argued the surgery was not necessary and not a result of the accident. Defendant further argued the recommended lumbar surgery was not reasonable or necessary.
Result
Verdict of $15,000 to Jennifer and zero to Douglas.
Other Information
Defendant filed cost bill of approximately $90,000. INSURER: Interinsurance Exchange of the Automobile Club of Southern California. FILING DATE: Oct. 11, 2013.
Deliberation
3.5 hours
Length
seven days
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