College-age soccer player riding bicycle is struck by SUV; claims he will not be able to continue playing soccer. Plaintiff beat his Section 998 offer.
- Case Name: Both v. Elizarraraz-Lopez
- Court and Case Number: Orange County Superior Court / 30-2013-00654421
- Date of Verdict or Judgment: Wednesday, June 10, 2015
- Date Action was Filed: Thursday, June 06, 2013
- Type of Case: Bicycle Accident
- Judge or Arbitrator(s): Hon. Mary Shulte
Plaintiffs: Alexander Both, 20
Defendants: Jesus Gerardo Elizarraraz-Lopez
- Type of Result: Jury Verdict
- Gross Verdict or Award: $577,139.51
- Trial or Arbitration Time: 2 weeks.
- Jury Deliberation Time: 3 hours.
- Jury Polls: 11-1 on economic; 12-0 on non-economic.
- Post Trial Motions & Post-Verdict Settlements: 998 cost motion pending.
Attorney for the Plaintiff:
Gavrilov Law Corporation by Ognian Gavrilov, Sacramento.
Tarasenko Law by Kirill Tarasenko, Sacramento.
Attorney for the Defendant:
Law Office of William I Chopak by William Chopak, Rancho Santa Margarita.
Plaintiff’s Medical Expert(s):
Dr. Andrew Fox, neurosurgery, Sacramento.
Defendant's Medical Expert(s):
Dr. Hambly, spine surgery, Sacramento.
Plaintiff's Technical Expert(s):
Hristo Gyoshev, economics, San Francisco
Facts and Background
Facts and Background:
SUV v. bicycle collision in Tustin in 2012.
Plaintiff was biking in a cross-walk when defendant's SUV made a left turn, striking plaintiff in the middle of the crosswalk. Liability was not contested.
Plaintiff was a community college student and soccer player.
Plaintiff claimed that he lost his ability to play soccer and he will live a life full of regrets. Plaintiff also claimed that he has occasional pain and is not the same as before.
Defendant claimed plaintiff is grossly exaggerating his medical issues. Defendant (insured by Ameriprise Insurance) had a sub rosa video showing plaintiff being able to do everyday activities.
Injuries and Other Damages
Physical Injuries claimed by Plaintiff:
Two herniated disks, lumbar and cervical regions, both about 2mm.
Demands and Offers
- Plaintiff §998 Demand: $150,000
- Defendant §998 Offer: $60,000