Mayner Aviles v. Min Yoo; c/w Bessie Alvarez and Amanda Duque v. Min Yoo and Maynor Aviles
Published: Aug. 2, 1997 | Result Date: Jun. 12, 1997 | Filing Date: Jan. 1, 1900 |Case number: BC135974 c/w BC139084 Verdict – $19,786
Judge
Court
L.A. Superior Central
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Robert Bernstein
(medical)
Sandra Madrid
(medical)
Defendant
A. Brian Pires
(medical)
Facts
On Nov. 18, 1994, plaintiff/defendant Maynor Aviles, a 29-year-old unemployed man, was driving a vehicle in which plaintiffs Bessie Alvarez, a 40-year-old unemployed woman, and Amanda Duque, a 60-year-old unemployed woman, were passengers. Plaintiff Aviles was traveling northbound on Union at Olympic Boulevard when he had to stop in the middle of the intersection waiting for the car in front of him to complete a left turn. While the light was yellow, Aviles was able to move northbound. The plaintiffs claimed defendant Min Yoo ran a red light, causing his Ford Ranger to strike the plaintiffs' vehicle. Plaintiff Bessie Alvarez and Amanda Duque brought one action against Min Yoo and Maynor Aviles based on a negligence theory of recovery. Maynor Aviles brought a separate action against Min Yoo. The cases were later consolidated.
Settlement Discussions
The plaintiffs made a policy limits settlement demand for $35,000 on behalf of all three plaintiffs. (Per the defendants) or a C.C.P. º998 settlement demand of $15,000 (per the plaintiff). Defendant Yoo made a C.C.P. º998 offer of compromise to plaintiff Aviles for $1,000 and to Alvarez and Duque for $2,001 each.
Specials in Evidence
$5,014 (Aviles); $5,872 (Alvarez); $5,970 (Duque) $15,000 to $25,000 each
Damages
Plaintiff Maynor Aviles claimed $6,315 in property damage.
Injuries
The plaintiffs claimed soft-tissue injuries including cervical lumbosacral sprains and strains. Plaintiff/defendant Aviles - approximately 29 passive physical therapy visits; plaintiff Duque - approximately 39 visits; plaintiff Alvarez - approximately 43 visits.
Other Information
The verdict was reached approximately one year and seven months after the case was filed. Defendant Min Yoo was a first year law student at Loyola Law School on the day of the accident. Per defense counsel, plaintiff Alvarez was severely impeached as to her deposition testimony on damages. Neither passenger gave testimony as to now the accident ocurred, such as the color of their signal light at impact. EXPERT TESTIMONY: Under cross-examination, plaintiffs' expert Sandra Madrid M.D., admitted that she inaccurately described the "normal" range of motion of the neck as to plaintiff Maynor Aviles. ARBITRATION: An arbitration was held on Aug. 22, 1996 before Jack Dunaway of the Law Offices of Jack Dunaway resulting in a $39,000 (combined) award to all plaintiffs. Defendant Min Yoo requested a trial de novo.
Deliberation
2½ hours
Length
8 days
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