Jury Verdicts

JACKSON vs. DAVID WALL TRUCKING

COURT/DATE : Los Angeles Superior-Central, April 5, 2004

CASE NO. : BC287698

JUDGE : Teresa Sanchez-Gordon

ATTORNEYS : Plaintiff-Sandor C. Fuchs (Law Offices of Sandor C. Fuchs). Defendant David I. Wall-Mark G. Cunningham (Law Offices of Mark G. Cunningham).

MEDICAL EXPERTS : Plaintiff-Wilson Del Pizzo, M.D., orthopedic surgery, Los Angeles; Jacob Tauber, M.D., orthopedic surgery, Beverly Hills; Ronald Fisk, M.D., neurology, West Los Angeles. Defendant-Adam Mamelak, M.D., neurology, Pasadena .

TECHNICAL EXPERTS : Plaintiff-Daniel Voss, accident reconstruction, Los Angeles ; Sandy Anfuso, vocational rehabilitation, Los Angeles ; Jubin Merati, Ph.D., economist, Century City . Defendant-Roderick Stroud, Ph.D., accident reconstruction, Westlake Village ; Wayne Lancaster, economist, Los Angeles .

FACTS : Defendant David I. Wall was driving a tractor and pulling two bottom dump trailers filled with asphalt grindings on the 134 freeway at about midnight . Defendant Kent Kuramoto, driving a pick-up truck, struck the back of the trailer and lost control, skidding across the freeway and coming to a stop on its side. Plaintiff, in her early twenties, a registered nurse, came driving by and saw the disabled vehicle. She went over to the vehicle, as did others, to render aid. Plaintiff was standing behind the disabled vehicle when defendant Sarkis Katrdzhyan, a teenager, approached the disabled vehicle at a high rate of speed. He was unable to stop and stuck the disabled vehicle, knocking it into plaintiff, who was thrown to the pavement.

PLAINTIFF CONTENTIONS : Plaintiff contended Wall was negligent by failing to properly secure the load of asphalt he was carrying and therefore started the multi-vehicle accident. She contended a piece of asphalt came off the back of the trailer striking the windshield of the Kuramoto pick-up truck, which caused Kuramoto to lose control and strike the back of the trailer, which caused the pick-up truck to flip on its side and skid across the freeway. Plaintiff contended Kuramoto's claim that an object struck his windshield was credible and consistent with the damage to the windshield and the type of asphalt Wall was carrying that night.

DEFENDANT CONTENTIONS : Defendant contended Kuramoto and Katrdzhyan caused the accidents that injured plaintiff. Defendant contended the load of asphalt grindings was properly inspected and secured. He contended it was not possible for the object described by Kuramoto to come out of the trailer. He contended that considering the lighting conditions, Kuramoto could not have seen an object as claimed. He further contended the damage to the Kuramoto windshield was not caused by an object, but by the Katrdzhyan vehicle.

INJURIES : Right skull fracture and brain trauma resulting in mild to moderate cognitive disorder, tear of the MCL and ACL in the left knee resulting in surgery, and right shoulder A/C joint separation resulting in surgery and disfigurement.

SPECIALS IN EVIDENCE : Past Meds-$92,415.95; Past LOE-$169,803; Future Meds-$62,400-$78,600; Future LOE-$1,276,167-$1,457,649.

SETTLEMENT DISCUSSIONS : Plaintiff demanded Wall's $750,000 policy limit. Wall offered $150,000.

VERDICT : Defense for Wall.

OTHER INFORMATION : Plaintiff settled with Kuramoto for his $100,000 policy and with Katrdzhyan fo his $100,000 policy limit.

MEDINA vs. PAUL CHAMBERS TRUCKING COMPANY

COURT/DATE : Los Angeles Superior-Norwalk, September 16, 2004

CASE NO. : VC040323

JUDGE : Daniel Solis Pratt

ATTORNEYS : Plaintiff-Charles C. Ryan & Gary S. Simkins (Simkins & Ryan). Defendant Paul Chambers Trucking Company-Mark G. Cunningham (Law Offices of Mark G. Cunningham).

MEDICAL EXPERTS : Plaintiff-Kevin Shamlou, M.D., orthopedic surgery, Los Angeles ; Jeffrey Gross, M.D., orthopedic surgery, Orange County . Defendant-Richard Rosenberg, M.D., orthopedic surgery, Tarzana; Stephen Rothman, M.D., radiology, Los Angeles .

TECHNICAL EXPERTS : Plaintiff-Merkel Weiss, accident reconstruction, Los Angeles ; Steve Magallenes, vocational rehabilitation, Los Angeles ; Joyce Pickersgill, Ph.D., economist, Los Angeles . Defendant-Roderick Stroud, Ph.D., accident reconstruction, Westlake Village ; Wayne Lancaster, economist, Los Angeles .

FACTS : This dispute arose out a motor vehicle accident, which occurred on 10/28/02 , at the intersection of Colima Rd. and Mar Vista Ave., in Whittier . Defendant Raul Lopez was driving a 1980 Peterbuilt tractor, owned by Defendant Paul Chambers Trucking Company. Plaintiff was driving a 1996 Dodge Caravan. Lopez was traveling on Colima Road which had two traffic lanes. He was delivering 25 tons of sand from Irwindale to a job site in Whittier . He was heading down a steep grade on Colima Road . He began braking as he approached the intersection of Mar Vista . As he got closer to the intersection, going about 35 mph, he realized he could not stop in time and decided to split the traffic stopped at the intersection for a red light. Plaintiff's vehicle was one of the stopped vehicles. Lopez struck the side of plaintiff's vehicle as the truck split the vehicles.

PLAINTIFF CONTENTIONS : Plaintiff contended Lopez was negligent by driving at unsafe speed. Plaintiff further contended Paul Chambers Trucking was negligent by failing to maintain the truck and for negligent entrustment.

DEFENDANT CONTENTIONS : Defendant conceded liability. He contended this was a modest side-swipe truck accident and plaintiff was overstating his claimed damages. Defendant disputed the nature and extent of the claimed injuries, and the necessity of the treatment.

INJURIES : C5-6 disc herniation with radiculopathy, L4-5, L5-S1 lumbar disc herniation with annular tears bilateral radiculopathy, thoracic outlet syndrome, depression and anxiety.

SPECIALS IN EVIDENCE : Past Meds-$56,438.29; Past LOE-$80,806; Future Meds-$319,000; Future LOE-$815,000.

SETTLEMENT DISCUSSIONS : Plaintiff demanded $1 million policy limit. Defendants offered $100,000.

VERDICT : $89,629.00.