Rear-ender with disputed injuries. $57,000 verdict after $30K offer. Los Angeles County.

Summary

Rear-end accident at intersection results in disputed injuries, causation.

The Case

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

The Result

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

The Attorneys

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.

The Experts

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

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.)

Additional Notes

The "best and final" offer from defendants was $30,000. Plaintiff demanded the policy limits of $250,000. Both the offer and demand were transmitted via CCP 998 Offers to Compromise.

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.