Rear-ender with disputed injuries. $57,000 verdict after $30K offer. Los Angeles County.
Rear-end accident at intersection results in disputed injuries, causation.
- Case Name: Villalobos v. Aranda
- Court and Case Number: Los Angeles Superior Court / MC023611
- Date of Verdict or Judgment: Friday, October 31, 2014
- Date Action was Filed: Monday, July 23, 2012
- Type of Action: Vehicles - Auto vs. Auto
- Judge or Arbitrator(s): Hon. Ralph W. Dau
- Plaintiffs: Rick Villalobos, 52, self-employed appliance repairman
- Defendants: Michael Aranda
- Type of Result: Jury Verdict
- Gross Verdict or Award: $57,327.93
- Net Verdict or Award: $57,327.93
- Contributory/Comparative Negligence: None.
- Trial or Arbitration Time: 5 days
- Jury Deliberation Time: 3.5 hours
- Jury Polls: 12-0
- Attorney for the Plaintiff:
Glotzer & Sweat, LLP by Steven M. Sweat and Joshua Glotzer, Beverly Hills.
Alderlaw, P.C. by Lyssa Roberts and Marni Folinsky, Los Angeles.
- Attorney for the Defendant:
Mark Weiner & Associates by Cassandra Wentt, Glendale.
- Plaintiff’s Medical Experts: Stepan Kasimian, M.D., orthopedic surgery, Glendale.Brian King, M.D., radiology, Los Angeles.
- Defendant's Medical Experts: Stephen Rothman, M.D., radiology.Richard Rosenberg, M.D., orthopedic surgery.
Facts and Background
- Facts and Background:
On August 9, 2010, plaintiff was stopped at an intersection in Palmdale. Defendant failed to stop behind him, resulting in a rear end collision. Liability was conceded at the time of trial.
- Plaintiff's Contentions:
That liability was clear and that all injuries claimed were caused by the incident in question.
- Defendant's Contentions:
Conceded liability but claimed that the injuries were not a result of the incident in question but, either degenerative changes and/or caused by a subsequent motor vehicle accident.
Injuries and Other Damages
- Physical Injuries claimed by Plaintiff:
Cervical and lumbar disc protrusions. Torn pectoral muscle.
- Special Damages Claimed - Past Medical: Approximately $30,000. ($40,000 per defense counsel.)
- Special Damages Claimed - Future Medical: Future surgery. ($297,000 per defense counsel.)
- Special Damages Claimed - Past Lost Earnings: None. ($7,000 per defense counsel.)
- Special Damages Claimed - Future Lost Earnings: None. ($180,000 per defense cousel.)