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 Case: 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.
That liability was clear and that all injuries claimed were caused by the incident in question.
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.)
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.