Defendant crosses four lanes before hitting plaintiff. $2,486. Los Angeles County.
Summary
Defendant offers policy limits but plaintiff does not accept, contending the policy lid was off.
The Case
- Case Name: Daniel Flores vs. Jong Kim and Lynn Kim
- Court and Case Number: Los Angeles Superior Court / BC 647317
- Date of Verdict or Judgment: Thursday, April 18, 2019
- Date Action was Filed: Wednesday, January 18, 2017
- Type of Case: Vehicles - Lane Change
- Judge or Arbitrator(s): Hon. Bobbi Tillmon
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Plaintiffs: Daniel Flores
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Defendants: Jong Kim and Lynn Kim
- Type of Result: Jury Verdict
The Result
- Gross Verdict or Award: $2,486.32 for past medical expenses only.
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Economic Damages:
$2,486.32
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Non-Economic Damages:
None.
- Trial or Arbitration Time: 7 days.
- Jury Deliberation Time: 3 hours.
- Jury Polls: 10-2
The Attorneys
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Attorney for the Plaintiff:
Carpenter, Zuckerman & Rowley by Steven E. Spencer and Eric Chun, Beverly Hills.
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Attorney for the Defendant:
Gilsleider, McMahon, Mollinelli & Phan by Denise Smith-Mars and Tioni A. Phan, Sherman Oaks.
The Experts
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Plaintiff’s Medical Expert(s):
Gerald Alexander, M.D.
Michael Lowenstein, M.D.
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Defendant's Medical Expert(s):
Jeffrey Korchek, M.D.
Richard Rhee, M.D.
Facts and Background
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Facts and Background:
On August 12, 2015 defendant driver crossed four car lanes on the 210 freeway in the city of Monrovia and collided with plaintiff. The defendant driver admitted liability and plaintiff went to the hospital the night of the accident. Plaintiff’s truck sustained $1,800 in damages.
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Plaintiff's Contentions:
That plaintiff sustained neck and back injuries that necessitated low back epidural steroid injection (ESI).
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Defendant's Contentions:
That plaintiff’s injuries came from the three subsequent accidents in which he was involved in February 2016, November 2016 and August 2017.
Injuries and Other Damages
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Physical Injuries claimed by Plaintiff:
Neck, low back and shoulder injuries.
Special Damages
- Special Damages Claimed - Past Medical: $30,000 which was stipulated at $16,000.
- Special Damages Claimed - Future Medical: $200,000
Demands and Offers
- Plaintiff Demand during Trial: $158,000
- Defendant §998 Offer: Policy limits.
Additional Notes
Defendant offered CCP 998 for the client’s policy limits but the plaintiff would not accept as they contended the policy was opened. Plaintiff demanded $158,000 at trial and defendant asked the jury to award $4,400 to $5,500.
Per defense counsel:
Plaintiff contended and Dr. Alexander testified that plaintiff would need future lower-back surgery.
Per plaintiff's counsel: