Extent of injuries disputed in admitted-liability car crash. $335K. Santa Barbara County.

Summary

Plaintiff easily beats CCP 998. Plaintiff refused medical treatment at the scene. Defense says need for hip replacement was not caused by the crash.

The Case

Case Name: Santibanez v. Flesher
Court and Case Number: Santa Barbara Superior Court / 20CV02091
Date of Verdict or Judgment: Tuesday, September 06, 2022
Date Action was Filed: Friday, June 19, 2020
Type of Action: Vehicles - Auto vs. Auto
Judge or Arbitrator(s): Hon. Thomas Anderle
Plaintiffs:
Elba Santibanez, 57, food server
Defendants:
Bette Mae Flesher
Type of Result: Jury Verdict

The Result

Gross Verdict or Award: $355,000
Contributory/Comparative Negligence: None.
Economic Damages:
Past medical: $125,000
Future medical: $122,000
Non-Economic Damages:
Past: $100,000
Future: $8,000
Trial or Arbitration Time: 6 days
Jury Deliberation Time: 4 hours
Post Trial Motions & Post-Verdict Settlements: Plaintiff's motion for $113,235.12 in costs and 998 interest granted.

The Attorneys

Attorney for the Plaintiff:
Harris Personal Injury Lawyers, Inc. by Anthony Kastenek, Santa Barbara.
Attorney for the Defendant:
Mark Weiner & Associates by Colette Asel, Glendale.

The Experts

Plaintiff’s Medical Expert(s):
Christopher Birch, M.D., hip orthopedic surgery. (Treating physician.)
Alan Moelleken, M.D., spine orthopedics. (Treating physician.)
Amit Nathani, M.D., hip orthopedics. (Treating physician.)
Jon Uyesaka, primary care. (Treating physician.)
Defendant's Medical Expert(s):
Tony Feuerman, M.D., neurosurgery.
Brian Bashner, M.D., orthopedics.
Defendant's Technical Expert(s):
Isaac Ikram, accident reconstruction.

Facts and Background

Facts and Background:
On February 22, 2019, plaintiff was taking a right onto US 101 southbound when she was hit on the passenger/rear side of her Nissan Pathfinder by defendant. The impact caused plaintiff’s vehicle to spin 180 degrees. Plaintiff denied medical attention at the scene, and went to her daughter’s house. Liability was not disputed.
Plaintiff's Contentions:
Plaintiff claimed injuries to her low back and left hip.
Defendant's Contentions:
Defendant disputed the nature and extent of plaintiff's injuries, claiming they were either soft tissue and/or pre-existing conditions that were not made worse as a result of the crash.

Injuries and Other Damages

Physical Injuries claimed by Plaintiff:
Low back nerve injury at L5. Plaintiff underwent two PRP injections at the L4-L5 levels. Left hip pain that necessitated a total hip replacement.

Special Damages

Special Damages Claimed - Past Medical: $173,079
Special Damages Claimed - Future Medical: $250,000 to $455,000
Special Damages Claimed - Past Lost Earnings: None.
Special Damages Claimed - Future Lost Earnings: None.

Demands and Offers

Plaintiff §998 Demand: $99,000 on November 19, 2021
Defendant §998 Offer: $25,000.00 on December 14, 2021.

Additional Notes

Defendant attempted to serve another $50,000 998 on March 4, 2022, but it was not timely served.

Plaintiff expects to collect approximately $30,000.00 in interest and $90,000.00 in litigation costs after beating her 998 of $99,000.

Insurer: State Farm

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Disclaimer

This is not an official court document. While the publisher believes the information to be accurate, the publisher does not guarantee it and the reader is advised not to rely upon it without consulting the official court documents or the attorneys of record in this matter who are listed above.