Respondent disputes necessity of treatment and future care after freeway crash. $121K arb award.

Summary

Car is totaled in heavy-impact collission, but defendant disputes injury extent and causation.

The Case

  • Case Name: Gail Lobosco v. State Farm Mutual Automobile
  • Court and Case Number: N/A
  • Date of Verdict or Judgment: Saturday, August 31, 2019
  • Date of Arbitration Award : Saturday, August 31, 2019
  • Date Action was Filed: Wednesday, January 02, 2019
  • Type of Action: Vehicles - Auto vs. Auto, Vehicles - Freeway
  • Judge or Arbitrator(s): R.A. Carrington, Esq.
  • Plaintiffs:
    Gail Lobosco, 64, financial analyst.
  • Defendants:
    State Farm Mutual Automobile
  • Type of Result: Arbitration Award

The Result

  • Gross Verdict or Award: $121,167.41

The Attorneys

  • Attorney for the Plaintiff:

    Shawn Steel Law Firm by Alexander C. Eisner, Seal Beach.

  • Attorney for the Defendant:

    Michael Maguire & Associates by Robert Fox, Costa Mesa.

The Experts

  • Plaintiff’s Medical Expert(s):

    Sonny J. Rubin, M.D., pain management, Newport Beach.

    Kevin Trinh, M.D., pain management, Santa Ana.

    Russell J. Shah, M.D., neurology, Las Vegas, NV.

    Janice S. Kowalski, D.C., chiropractic, Aliso Viejo.

    Dr. Judith Linnan, Ph.D., psychoanalysis, Orange.

  • Defendant's Medical Expert(s):

    David M. Lechuga, Ph.D., psychology.

Facts and Background

  • Facts and Background:

    On July 17, 2016, claimant Gail Lobosco was driving her 2000 Lexus LX 470 on the East 10 Freeway when she was struck by a 2008 Lincoln Navigator driven by Manuel Espinoza. Claimant spun across four lanes of traffic and smashed into the metal center median. Claimant felt three violent impacts including the at-fault driver’s initial impact and additionally when the front and back of claimant’s vehicle collided with the median. Claimant’s car was a total loss.

  • Plaintiff's Contentions:

    As liability was not disputed, plaintiff contended that her injuries were directly caused by her auto accident and that all of her medical treatment was reasonable and necessary.

  • Defendant's Contentions:

    Respondent disputed the necessity of claimant’s treatment and future medical needs, especially the psychological consults.

     

Injuries and Other Damages

  • Physical Injuries claimed by Plaintiff:

    Plaintiff suffered from the following: concussion, mild traumatic brain injury, cervical strain, strain of thoracic region, headaches, back pain, neck pain, tinnitus, blurred vision, pain in left shoulder and hand, depression, post-traumatic brain syndrome, aversion to light and noise, and anhedonia.

Demands and Offers

  • Plaintiff §998 Demand: $64,999
  • Defendant Final Offer before Trial: $36,047.76

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.

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