MIST case flagged SIU by State Farm. $260K verdict. Los Angeles County.
Plaintiff says defendant rear-ended him; she says he reversed into her.
- Case Name: Carlos Perez, Sr. v. Kailey Gullett, et al.
- Court and Case Number: Los Angeles Superior Court / BC665825
- Date of Verdict or Judgment: Wednesday, October 23, 2019
- Date Action was Filed: Wednesday, June 21, 2017
- Type of Action: MIST (Minor impact, soft tissue), Negligence
- Judge or Arbitrator(s): Hon. Michele Flurer
- Plaintiffs: Carlos Perez, Sr.
- Defendants: Kailey Gullett
- Type of Result: Jury Verdict
- Gross Verdict or Award: $260,995
- Contributory/Comparative Negligence: None.
- Economic Damages:
Past medical expenses: $75,995
- Non-Economic Damages:
- Trial or Arbitration Time: 5 days.
- Jury Deliberation Time: 90 minutes.
- Jury Polls: Unanimous on all questions.
- Post Trial Motions & Post-Verdict Settlements: State Farm to pay costs of $53,226.48. State Farm also ordered to pay $22,762.08 in attorneys fees pursuant to CCP 2033.420 for costs of proof.
- Attorney for the Plaintiff:
Stalwart Law Group by Brian Poulter and Pat Jacobs, Los Angeles.
- Attorney for the Defendant:
Mark R Weiner & Associates by Vanessa Ticas and Jay Rubin, Glendale.
- Plaintiff’s Medical Expert(s):
Michael Gross, D.C.
Arthur Kreitenberg, M.D., orthopedic surgery, Los Angeles.
- Defendant's Medical Expert(s):
Stephen Kay, M.D., orthopedic surgery, Los Angeles.
- Plaintiff's Technical Expert(s):
Arthur Croft, Ph.D., biomechanics, accident reconstruction, San Diego.
- Defendant's Technical Expert(s):
Peter Burkhard, Ph.D., accident reconstruction.
Facts and Background
- Facts and Background:
On July 28, 2015, plaintiff Carlos Fernando Perez, Sr. and his son were traveling to work at 9 a.m. Plaintiff's car was in stopped traffic on Jefferson Blvd., in Los Angeles, in front of defendant's car.
Defendant , 21-year old female, was visiting Los Angeles for the summer to complete an unpaid internship as a clothing designer.
- Plaintiff's Contentions:
That plaintiff was rear-ended by defendant at approximately 9 to 13 mph, and that she lied, saying plaintiff had reversed into her car, in order to avoid getting in trouble with her parents for wrecking her car while in Los Angeles on an unpaid internship.
Plaintiff's left hand was on the steering wheel with his arm extended at the moment of impact. His right hand was on the car's gear shifter. Plaintiff suffered a tear to the labrum in his left shoulder.
Plaintiff experienced slight pain and discomfort to his left shoulder within a day of the incident, which gradually got worse over time. He underwent conservative care and treatment (chiro and cortisone injections) over the next year, which culminated in a surgery to repair his torn labrum. The surgery was a success, but plaintiff still experiences slight pain and discomfort today.
- Defendant's Contentions:
Defendant testified that she came to a complete stop approximately 10 feet behind plaintiff's car and stayed there for roughly one to two minutes before plaintiff put his car into reverse and backed into her car at 1 to 2 mph.
She further claimed that plaintiff exited his vehicle in traffic in broad daylight and proceeded to curse at defendant, attempted to fight her, and screamed racial epithets at her while his 17-year-old son sat in the car and did nothing.
Injuries and Other Damages
- Physical Injuries claimed by Plaintiff:
Superior labrum tear from anterior to posterior ("SLAP") of the left shoulder, which required conservative care and treatment and finally surgery.
- Special Damages Claimed - Past Medical: $75,995
Demands and Offers
- Plaintiff §998 Demand: $249,999.99
- Defendant §998 Offer: $6,000