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Recent Trial Results

Case Name: Tan v. Hertz, et al.

Venue: San Francisco County Superior Court

Trial Counsel: Marissa M. Nebenzahl, Esq., attorney for defendant The Hertz Corporation

Insurance Company: Hertz Claim Management Corporation

Jury Verdict Date: November 2011

Facts: Plaintiff sued The Hertz Corporation and the renter of one of its vehicles for personal injuries sustained in a motor vehicle collision. The Hertz Corporation moved for summary judgment based on the Graves Amendment, which provides that a vehicle rental agency is not liable for personal injuries that occur as a result of negligence by a lessee of a vehicle.

Plaintiff's Medical Specials: $1,975.00

Settlement Negotiations: None.

Verdict: Summary judgment for defendant The Hertz Corporation.

Case Name: D'Amoun v. Lynch, et al

Venue: Alameda County Superior Court, Unlimited Jurisdiction

Trial Counsel: Phaidra M. Garcia, Esq., Attorney for Defendant Irene Lynch; James Waite, Esq., Attorney for Defendants Asif Noori and Action Cab Company; Leeds Disston, Esq. & Christine Chourney, Esq., Attorneys for Plaintiff Vancois D'Amoun.

Insurance Company: State Farm Mutual Automobile Insurance Company for Defendant Irene Lynch; CNA for defendants Asif Noori and Action Cab.

Jury Verdict date: October 31, 2011

Facts: This lawsuit arises out of an extremely minor automobile accident which occurred on July 10, 2007 on eastbound Interstate 80 in Alameda County. According to the insured, she was traveling on this stretch of highway in the area commonly referred to as the MacArthur Maze. On the date in question, defendant, Ms. Lynch was traveling behind a vehicle being driven by co-defendant Asif Noori (dba: co-defendant Action Cab). Plaintiff was the front seat passenger in co-defendant Noori’s vehicle. According to the Ms. Lynch, traffic ahead slowed and came to a stop. She in turn applied her brakes but was unable to avoid bumping the rear of Mr. Noori’s vehicle. At the time of the accident, plaintiff was on his way home from a doctor’s visit pertaining to a prior industrial injury. Action Cab was retained by plaintiff’s employer for medical transport.

Plaintiff's Medical Specials: Plaintiff alleged the subject accident exacerbated an array of physical injuries he sustained as a result of a 1997 work-related accident for which he was continuing to treat for up until July 10, 2007. Specifically, he alleges the subject accident exacerbated his headaches, neck pain, knee pain, back pain. He claimed it took 9-14 months for him to return to his pre-accident physical status. He also alleged the accident caused a new injury consisting of internal bleeding requiring a blood transfusion wherein he was given two pints of blood, as well as a Mallory-Weiss tear. At the time of the subject accident, plaintiff was considered within the course and scope of his employment with PG&E. As a result of the accident, plaintiff alleges he sustained medical bills of $96,204.04. PG&E paid $30,557.50 of this amount and discounted $66,646.54 of this amount. PG&E filed a Notice Lien Claim in this action for $30,557.50.

Settlement Negotiations: Plaintiff originally served a §998 Offer to Compromise for Ms. Lynch’s policy limits of $100,000, which expired in 2009. On October 14, 2011, plaintiff served §998 Offer to Compromise on Ms. Lynch for $19,999.00. Ms. Lynch served a §998 Offer to Compromise on plaintiff for a cost waiver in exchange for a dismissal.

Verdict: Defense.

Case Name: Segovia v Western General Insurance Company

Venue: Los Angeles (Uninsured Motorist Arbitration)

Trial Counsel: Attorney for Respondent: Jonathan H. Colman; Attorney for Claimant: Kinnen Kim.

Insurance Company: Western General Insurance Company

Arbitration: October 17, 2011

Arbitrator: Harvey Goldhammer, Esq., Goldhammer Mediation Services, Glendale, CA.

Facts: Claimant alleged personal injuries arising from “hit and run” accident. Defense argued that there was no contact from a phantom vehicle.

Award: Defense.

Case Name: Mejia v Ortega LASC 10K10083

Venue-Los Angeles Superior Court, Central, Limited Jurisdiction

Trial Counsel: Jonathan H. Colman for defendant Ortega; Brian Weinberger for Plaintiff Mejia

Insurance Company: Access General Insurance Company

Jury Trial Dates: August 5-9, 2011

Facts: Automobile v. bicycle accident. Disputed liability. Plaintiff incurred $7200 in hospitalization and chiropractic charges. Defense disputed nature and extent of medical treatment.

Defense Experts: Michael J. Stahl, D.C. (chiropractic) and Mallie Donohoe (accident reconstruction).

Plaintiff Experts: None.

Settlement Negotiations: Defense 998 of $1501. Plaintiff’s demand $15,000 policy limit (but asked jury for $30,000).

Net Verdict: $1100. Jury found reasonable treatment to be $2200, awarded zero pain and suffering, and found liability 50/50.

Case Name: State Farm v Priego

Venue: Los Angeles Superior Court, Central, Limited Jurisdiction

Trial Counsel: Dan Everakes, Esq. for defendant Jose Sanchez-Priego; Robin F. Genchel for plaintiff State Farm Mutual Automobile Insurance Company.

Insurance Company: Access General Insurance Company

Jury Verdict Date: August 2, 2011

Facts: Four vehicle accident where insured was alleged to have failed to yield to oncoming traffic. Plaintiff's insured vehicle sustained damage.

Settlement Negotiations: Defendant’s offer: $4,285.59. Plaintiff’s Demand: $8,796.20.

Verdict: Defense.

Case Name: Em Thi Ho v. Diem Truong

Venue: Santa Clara County Superior Court

Judge: Peter Kirwan

Trial Counsel: James J. Slone, Esq. for defendant Diem Trong; Hamilton, Esq. and Lisa Trepel, Esq. for plaintiff Em Thi Ho .

Insurance Company: State Farm Mutual Automobile Insurance Company

Jury Verdict Date: October 4, 2010

Facts: Plaintiff alleged she proceeded straight thru intersection on green light and was broadsided by defendant who ran a red light, and an independent witness supported plaintiff. Defendant denied running the red light, and argued that her light turned to yellow after she entered the intersection and before defendant could clear the intersection plaintiff simply took off on a red light and hit defendant who had control of the intersection.

Plaintiff's Medical Specials: Plaintiff claimed injuries to her back, neck, and leg, and was treated at the Emergency Room, and later followed up with a chiropractor. Chiropractor claimed bills for manipulations at visits plaintiff denied took place, and chiropractor claimed he did all modalities himself which plaintiff also denied. Plaintiff also claimed she had to leave work early due to pain the day after accident, but subpoenaed records showed plaintiff missed no time from work until approximately 12 days after the accident. Plaintiff also was impeached by her testimony at deposition that she had no restrictions on her license, as her license at the time of the accident required her to wear corrective lenses, which she was not on the day of the accident. Plaintiff alleged approximately $6,700 in specials.

Settlement Negotiations: Defendant offer: $3,001.00.

Arbitration Award: A non-binding arbitration hearing took place on March 5, 2010. The arbitrator was Mr. Ron Stefani, Esq. and he awarded the plaintiff $7,215.00. Defendant rejected the arbitration award.

Verdict: Defense.

Case Name: Phan v. Van Bockel

Venue: Sacramento County, Judge David I. Brown

Trial Counsel: David A. McDowell for defendant Shawn Van Bockel; Tam Nguyen for plaintiff Alexander Phan.

Insurance Company: State Farm Mutual Automobile Insurance Company

Trial date: June 7, 2010

Facts: This was an automobile v. bicycle accident. Plaintiff was riding a bicycle in the wrong direction, but in a crosswalk and defendant was driving a Toyota Land Cruiser and stopped for a traffic light and there after commenced a right-hand turn when it appeared safe to proceed. The front of the defendant's vehicle hit the plaintiff, who was riding his bicycle, at an approximate speed of 5 miles per hour causing the plaintiff to fall to the ground. Plaintiff was found 100% at fault by reporting police officer.

Plaintiff's Medical Specials: Plaintiff complained of left leg and right shoulder pain. Following his ER treatment, plaintiff was referred by his attorney to chiropractor Lai Nguyen and treated 12 times. Plaintiff's damages totaled: 14,294.95.

Arbitration Award: In the judicial arbitration, arbitrator Fernando V. Hernandez, Esq. issued his award finding total damages to be $25,000 including $14,294.86 in medical specials. The Arbitrator further proportioned fault with 60% to plaintiff and 40% to defendant resulting in an award of $10,000 to plaintiff. The award was rejected by the defendant. Following the receipt of the arbitration award, plaintiff indicated by letter that the Arbitrator's Award of $10,000 was insufficient to pay for his medical bills and offered to settle the case for the medical specials of $14,294.86.

Verdict: Case Dismissed on the first day of trial. No waiver of costs.

Post-Trial Motions: Motion of Costs in the Sum of $4,839.00 awarded to defendant.

Case Name: Dovganyuk v. Russell

Venue: Sacramento County, Judge David I. Brown

Trial Counsel: David A. McDowell for defendants Jeremy Russell and Melissa Diane Ankney; Robert Borcyckowski for plaintiffs Alexsandr Dovganyuk and Anna Verbetskaya

Insurance Company: State Farm Mutual Automobile Insurance Company

Jury Verdict date: May 3, 2010

Facts: Four vehicles involved in an automobile accident in which plaintiff Dovganyuk’s vehicle was rear ended and pushed into another vehicle.

Plaintiff's Medical Specials: Plaintiff Alexandr Dovganyuk claimed to have suffered herniated discs at C6-6 and C6-7. He initially sought chiropractic treatment with Keith Hardoin, D.C. and had subsequent physical therapy. Three and a half years after the accident, plaintiff had disc arthroplasty at C5-6 and C6-7 performed by Philip Orisek, M.D. Medical Specials for Plaintiff totaled: $181, 944.76. Amount Plaintiff asked of the Jury: 543,000.00. Amount Defense asked of the jury: $2,500.00. Plaintiff at trial called Dr. Orisek to testify. Defense called Dr. William K. Hoddick, Dr. James Anderson and Chiropractor Susan Bromley.

Settlement Negotiations: Plaintiffs’ demand: $225,000.00, Defendants’ offer: $10,001.00.

Arbitration Award: This case was referred to non-binding judicial arbitration conducted on December 21, 2007 by Samuel Grader, Esq. Mr. Grader awarded plaintiff Verbetskaya $20,732.50, which consisted of $11,732.50 in medical specials and $10,000.00 in general damages. Dovganyuk was awarded all medical specials and $5,000.00 in general damages for a total of $16,732.50. Following the receipt of the arbitration award, C.C.P. ß998 Offers to Compromise were served on plaintiffs, Verbetskaya was in the sum of $150,001.00 and Dovganyuk was in the sum of $7,001.00.

Verdict: $47,930.00

Case Name: Sethi v. American Chimney

Venue: Alameda County, Judge Richard Keller

Trial Counsel: Phaidra M. Garcia for defendant American Chimney Services; Scott Dunning for plaintiffs Sunita Sethi, Arun Sethi and Richa Sethi

Insurance Company: Unitrin Insurance Company

Trial Dates: February 4, 2008 - February 20, 2008

Facts: Rear-end automobile accident.

Plaintiff's Special Damages: Sunita Sethi - $56,056.11; Arun Sethi - $4,714.69; Richa Sethi - $4,762.60

Plaintiffs’ Demands: Sunita Sethi - $60,000.00; Arun Sethi - $7,500.00; Richa Sethi - $7,500.00

Defendants’ offers were as follows: Sunita Sethi - $15,001.00; Arun Sethi - $1,501.00; Richa Sethi - $1,501.00

Arbitration Awards: Sunita Sethi - $31,500.00; Arun Sethi - $3,500.00; Richa Sethi - $4,000.00

Jury Verdicts: Sunita Sethi - $30,000.00; Arun Sethi - $500.00; Richa Sethi - $800.00

Case Name: Cioran v. Morales

Venue: Alameda County, Judge Harry Sheppard

Trial Counsel: Phaidra M. Garcia for defendant Guillermo Morales; Gurman Bal for plaintiffs Adella Cioran, David Cioran, Ileana Marginean & Constantin Marginean.

Insurance Company: 21st Century Insurance Company

Jury Verdict date: November 21, 2007

Trial Dates: August 25, 2008 - September 10, 2008

Facts: Rear-end automobile accident, liability not in dispute.

Plaintiff's Special Damages: Adella Cioran - $6,909.00; David Cioran - $2,085.00; Ileana Marginean - $4,189.00; Constantin Marginean - $4,084.00

Plaintiffs’ Demands: None, but indicated they would accept arbitration awards. Defendants’ offers were as follows: Dismissal in exchange fo waiver of costs.

Arbitration Awards: Adella Cioran - $8,089.00; David Cioran - $2,980.00; Ileana Marginean - $5,856.00; Constantin Marginean - $5,885.00

Jury Verdicts: Adella Cioran - Defense; David Cioran - Defense; Ileana Marginean - Defense; Constantin Marginean - Defense.

Case Name: Nguyen v. Atencio

Venue: Santa Clara County

Trial Counsel: James J. Slone, Esq. for defendant; Antoinette McGill, Esq., for plaintiff

Insurance Company: State Farm Insurance Company

Jury verdict date: August 25, 2006

Facts: Plaintiff alleged that she was completely stopped for 14-15 seconds while leaving a Target parking lot when defendant rear-ended her.

Defendant admitted that she rear-ended the plaintiff, but that plaintiff must have passed her on right and pulled in front of defendant, as defendant never saw plaintiff in front of her.

Plaintiff had an accident reconstruction expert, Robert Lindskog, testify that it was impossible for plaintiff to pass the defendant, and defendant simply caused the accident by rear-ending the plaintiff who was completely stopped. Defendant did not use an accident reconstruction expert at trial.

Plaintiff's medical specials: Plaintiff had an ambulance to Santa Clara Valley Medical Center, was diagnosed as having a lumbar strain and had follow-up medical treatment with Dr. Trung NGo, M.D. and Khanh Nguyen, D.C. X-rays at Southbay Imaging Center that showed spondyliothis. Plaintiff at trial called the ER doctor, Dr. Ngo and Dr. Nguyen to testify.

Defendants called no medical experts at trial.

Plaintiff alleged $7500 in medical specials, $2,500 in wage loss, for total claimed specials of $10,000.

Settlement negotiations: Plaintiff demanded the policy limits of $25,000 and asked the jury during trial for $26,000. Defendant made no offers.

Verdict: Unanimous defense verdict, 12-0, finding that defendant was not negligent.

Case Name: Wrinkle v. Chessman

Venue: Santa Clara Superior Court

Trial Counsel: Philip A. Pereira, Esq.

Insurance Company: California Casualty Indemnity Exchange

Trial Dates: May 8-18, 2006

Facts: Rear-end accident; liability conceded; soft tissue conceded; brain damage contested.

Plaintiffs' Medical Specials: $18,000 plus Kaiser lien; also $15,000 plus wage loss claim.

Settlement Negotiations: Lowest demand was $50,000 998; Offer raised to $453,000 during trial; Offer was $3,501 998 Offer and $15,000 and Settlement Conference
Verdict: $2,605.00

Post Trial Motions: Motion to Tax Defendant's Costs of $10,871 pending

Case Name: Burgess v. Nagy

Venue: San Francisco County

Trial Counsel: Phaidra M. Garcia for defendant, Susan Nagy; Brian Larsen and Lauren Gelber for plaintiff, Reynard Burgess, Jr.

Insurance Company: State Farm Mutual Automobile Insurance Company

Trial Dates: March 6, 2006

Facts: Rear-end automobile accident.

Plaintiff's Medical Specials: $3,265.00

Plaintiff's Wage Loss: $108.20

Arbitration Award: Defense

Settlement Negotiations: Plaintiff initially demanded $10,000.00, which was reduced to $1,699.99, via a CCP ß 998 Offer to Compromise, less than a month prior to trial. Defendant initially served a CCP ß 998 Offer to Compromise in the amount of $751.00, which plaintiff rejected. Thereafter, three months prior to trial, defense offered a cost waiver in exchange for a dismissal, which plaintiff had a month to accept or reject. Plaintiff rejected the offer of a cost waiver.

Verdict: Three days prior to trial, plaintiff paid defendant $751 in costs and the case was dismissed.

Case Name: Nguyen v. Khan

Venue: Santa Clara County

Trial Counsel: Phaidra M. Garcia for defendant, Shaira Khan; Tam Nguyen for plaintiff, Diep Nguyen.

Insurance Company: State Farm Mutual Automobile Insurance Company

Trial Dates: February 27, 2006

Facts: Rear-end automobile accident with allegation of sudden stop on freeway by plaintiff.

Plaintiffs' Medical Specials: $8,179.99

Plaintiff's Wage Loss: $472.50

Case Name: Badiyo v. Burger King Corporation

Venue: San Mateo

Trial Counsel: Paula M. Shaw for defendant and Norman Newhouse for plaintiff

Insurance Company: Allied Insurance Company

Trial Dates: October 24, 2005

Facts: Slip and fall with admitted liability. Plaintiff was claiming sacroiliac joint sprain and chronic pain syndrome.

Plaintiff's Medical Special: Kaiser: $7,200.00; chiropractic: $175.00; CMT $875.00.

Settlement Negotiations: Defendant offered $5,000.00 at the mediation as an opening offer. Plaintiff's attorney walked out claiming the defendant was not negotiating in good faith. Prior to trial plaintiff posted a C.C.P. ß998 Offer to Compromise for $48,000.00. Defense posted a C.C.P. ß998 Offer to Compromise for $30,000.00.

Verdict: $6,060.00

Case Name: Ball v. Matheson Fast Freight

Venue: Alameda

Trial Counsel: David A. McDowell for defendants and Patricia K. Walmann for plaintiffs

Insurance Company: Self-insured Gallagher Bassett (Third Party Administrator)

Trial Dates: September 20, 2005 - September 23, 2005

Facts: Auto versus truck accident in Montclair, California. Plaintiff, Helen Ball, driving a 2003 Honda Civic with husband, William Ball, as a passenger. Plaintiffs alleged their vehicle was struck by a Matheson truck.

Plaintiff's Medical Special: Helen Ball: $250,000.00; William Ball: $248,000.00

Settlement negotiations: Offer: $50,000.00; Demand: $250,000.00.

Verdict: Defense

Case Name: Macewen v. Soisaengthong

Venue: San Francisco

Trial Counsel: Francis J. Fleming for defendants, SF Taxi and Soisaengthong, Kevin Cholakian for defendant, Walz, and Charles Bonner for plaintiff.

Insurance Company: Murdock Claim Management Company

Trial Dates: January 2005

Facts: T-bone accident. Our insured taxi failed to stop for red light.

Plaintiffís Medical Special:$24,000.00+ past; alleged $45,000.00 future; 6 mm bulge on 25- year old.

Settlement negotiations: Plaintiff's demand: $85,000.00; Co-Defendant, Walz: No offer;
Defendants, Soisaengthong and S.F. Taxi: $20,000.00.

Verdict: $67,000.00 ($58,000.00 in economic loss plus $9,000.00 general damages). Codefendant, Walz, 30% at fault, defendants, Soisaengthong and S.F. Taxi 70% at fault and responsible for $46,900.00.

Case Name: Borjesson v. Tracy Toyota

Venue: San Joaquin

Trial Counsel: Francis J. Fleming for defendant, Tracy Auto LLC, dba Tracy Toyota and Steven L. Derby for plaintiff

Insurance Company: CNA

Trial Dates: October 2004

Facts: Plaintiff bought a new Toyota Tundra truck from Tracy Toyota. Plaintiff alleged multiple complaints including the transmission. Plaintiff further alleged the defendant(s) were aware the tailgate was damaged and attempted to sell it as new. Plaintiff alleged violation of the Consumer Legal Remedies Act, fraud and punitive damages. Defendants contend that the transmission issues were addressed under warranty, and that the tailgate was not damaged in their custody or control.

Plaintiff's Medical Special: Not applicable.

Settlement Negotiations: Plaintiffí's demand: $100,000.00 (which included attorney fees recoverable under CLRA).

Collectively, the defendants were prepared to offer $15,000.00.

Verdict: Non-suit.

Case Name: Sandles v. Anderson

Venue: Solano County

Trial Counsel: Phaidra M. Garcia for defendant and A. Lee Sanders for plaintiff.

Insurance Company: 21st Century Insurance Company

Trial Dates: July 28 - 31, 2003

Facts: Rear-end accident in which defendant disputed liability due to a sudden stop by plaintiff.

Plaintiff's Medical Special: $8,682.70

Settlement Negotiations: Plaintiff's Demand: $11,867.24 pre-trial and $15,000.00 at trial.

Defendant's Offer: $0
Verdict: Defense

Case Name: Watkins v. Posada

Venue: Alameda County

Trial Counsel: David A. McDowell for defendant and Frank Ennix for plaintiffs.

Insurance Company: Qestrel Management Services

Trial Date: June 23, 2003

Facts: Moderate rear-end automobile accident.

Plaintiff's Medical Specials: Plaintiff, Sohan - $1,735.00; Plaintiff, Watkins - $1,623.00
Settlement Negotiations: No offers.

Verdict: A Non-Suit was granted on the second day of trial on the grounds that plaintiffs failed to establish that at the time of the accident the vehicle then being used and allegedly involved in the accident with plaintiffs was owned by the defendant and was being used with the permission of the owner.

Case Name: Hammond v. Gold Rush Express

Venue: Santa Clara County

Trial Counsel: David A. McDowell for defendant and Byron C. Foster for plaintiff.

Insurance Company: CNA Insurance Company

Trial Date: May 7, 2003

Facts: Head-on automobile accident in which both vehicles were totaled. Plaintiff's Injuries: Plaintiff suffered a comminuted fracture of her left ulna. As a result, she suffered a mal-union of the left distal ulnar leaving a 22 degree deformity and a loss of 40% to 50% range of motion in her left hand regarding supination. The experts agreed that plaintiff's condition was permanent.

Plaintiff's Medical Specials: $11,823.95

Settlement Negotiations: Plaintiff demanded $1 million which was reduced to $550,000.00 on the first day of trial. Defendant served an Offer to Compromise in the sum of $125,000.00.

Verdict: $273,368.00.

Case Name: Manzon v. Adams

Venue: Solano County

Trial Counsel: Phaidra M. Garcia for defendant and Lawrence Strick for plaintiff. Insurance Company: 21st Century Insurance Company

Trial Dates: April 28 - 30, 2003

Facts: Rear-end accident in which defendant disputed liability due to being momentarily blinded by the sun.

Plaintiff's Medical Special: $3,923.66

Plaintiff's Wage Loss: $550.00

Settlement Negotiations: Plaintiff's Demand: $6,000.00 pre-trial and $25,000.00 at trial.

Defendant's Offer: $0

Verdict: Defense

Case Name: Epshteyn v. Bettencourt

Venue: San Francisco County

Insurance Company: State Farm Mutual Automobile Insurance Company

Trial Counsel: Paula Shaw for defendant and Melina Levitan and Stephen Brady for plaintiff

Trial Dates: June 3 - 6, 2002

Facts: Insured was lost on Highway 101 and entered San Francisco Airport by mistake. Insured made improper left turn in front of taxi cab while trying to turn around. Property damage estimate to front of cab: $2,600.00; damage to insured vehicle $6,995.10.

Plaintiff's Medical Specials: $3,800.00

Arbitration: Arbitration Award $9,898.00 rejected by defendant.

Verdict: $2,179.00 (First vote taken was 7 to 5 in favor of defense verdict.)

Case Name: Simon v. Humbertt

Venue: Stanislaus County

Insurance Company: State Farm Mutual Automobile Insurance Company

Trial Counsel: David A. McDowell for defendant and Robert Farrace for plaintiff.

Trial Dates: December 4 - 6, 2001

Facts: Minor rear-end automobile accident in which the repair estimate for plaintiff's vehicle was $1,012.00.

Plaintiff's Medical Specials: $3,078.44

Plaintiff's Wage Loss Claim: $7,928.00

Settlement Negotiations: Plaintiff's Offer to Compromise: $2,000.00; Defendant's Offer to Compromise: $1,001.00

Verdict: $1,012.00

Post-Trial Motions: Defendant is seeking recovery of costs in the sum of $8,830.05.

Case Name: Wong v. Garcia

Venue: San Francisco County

Insurance Company: Galway Insurance Company

Trial Counsel: David A. McDowell for defendant and Clarence Livingston for plaintiff

Trial Dates: September 10 - 14, 2001

Facts: Minor rear-end automobile accident in which the repair estimate for plaintiffís vehicle was $4,324.66.

Plaintiffís Medical Specials: $5,439.90

Settlement Negotiations: Plaintiff's Offer to Compromise: $15,000.00; Defendant's Offer to Compromise: $ 5,501.00

Verdict: $750.00

Post-Trial Motions: Defendant is seeking recovery of costs in the sum of $8,830.05.

Case Name: Fierro v. Kurlinski

Venue: Alameda County

Insurance Company: Galway Insurance Company

Trial Counsel: David A. McDowell for defendant and Richard F. Rescho for plaintiffs

Trial Dates: June 4 - 8, 2001

Facts: Rear-end automobile accident in which plaintiffs claimed that the repair estimate for their vehicle was in the sum of $4,500.00.

Plaintiffs' Medical Specials: $4,009.00

Settlement Negotiations: Defendant served an Offer to Compromise in the sum of $6,000.00 and plaintiffs demanded the sum of $10,000.00.

Verdict: $654.00 for personal injuries and $1,500.00 for property damage.

Post Trial Motions: Defendant was awarded costs in the amount of $4,711.00.

Case Name: Jolin v. Baker

Venue: Mendocino County

Insurance Company: Qestrel Claims Management

Trial Counsel: David A. McDowell for defendant and Tibor Major for plaintiffs.

Trial Dates: December 18 -22, 2000

Facts: Five-car automobile accident in which one of the plaintiff's vehicle's repair estimate was in the sum of $5,668.00. The other vehicle's repair estimate was in the sum of $232.00.

Plaintiff's Medical Specials: Elaine Jolin $4,949.00 ;David Jolin: $4,645.00; Robert Jolin: $5,708.00; Wanda Lopez: $7,963.00

Settlement Negotiations:
Plaintiff''s Demand: Elaine Jolin $ 50,000.00; David Jolin $100,000.00; Robert Jolin $ 35,000.00; Wanda Lopez: $50,000.00. Defendant's 998s: Elaine Jolin $10,001.00; David Jolin $ 1,001.00; Robert Jolin $ 2,501.00; Wanda Lopez: $ 2,701.00

Verdict: Elaine Jolin $1,158.50; David Jolin $1,677.60; Robert Jolin $ 520.70; Wanda Lopez $ 825.00

Post Trial Motions: Costs were awarded to defendant in the sum of $28,517.36. The case was appealed by plaintiffs and denied. Costs were paid by plaintiffs.

Case Name: Bustos v. Tam

Venue: San Francisco County

Insurance Company: State Farm Mutual Automobile Insurance Company

Trial Counsel: David A. McDowell for defendant and Andrew Antagma for plaintiff

Trial Dates: December 11 - 15, 2000

Facts: Minor front end auto accident in which plaintiff's vehicle incurred damage.

Plaintiff's Medical Specials: $2,888.00

Settlement Negotiations: Defendant's Offer to Compromise: $2,501.00

Plaintiff's Offer to Compromise: None

Verdict: Economic Damages: $9,000.00

Non-Economic Damages - 0

Case Name: Kravchenko v. Hankins

Venue: San Francisco County

Insurance Company: State Farm Mutual Automobile Insurance Company

Trial Counsel: Paula M. Shaw for defendant and Marina Kab for plaintiff.

Trial Dates: October 10 - 13, 2000

Facts: Insured ran a red light, broadside impact to plaintiff's vehicle

Plaintiff's Medical Specials: $4,234.00

Settlement Negotiations: Offer by defendant was $3,000.00 and demand by plaintiff was $6,000.00.

Verdict: $3,270.00

Case Name: Shayn v. Turkenich

Venue: San Francisco County

Insurance Company: State Farm Mutual Automobile Insurance Company

Trial Counsel: Paula M. Shaw for defendant and Mitchell Carp and Thomas Eastridge for plaintiff.

Trial Dates: August 21 - 29, 2000

Facts: Insured made a left in front of plaintiff. Plaintiff transported by ambulance to emergency room.

Plaintiff's Medical Specials: $6,021.36

Settlement Negotiations: Plaintiff's demand: $14,000.00

Defendant's 998: $2,001.00

Verdict: $5,000.00

Case Name: Spirt v. Turpie

Venue: San Francisco County

Insurance Company: State Farm Mutual Automobile Insurance Company

Trial Counsel: Paula M. Shaw for defendants, Victor Lipovetsky and Thomas Paoli for plaintiffs.

Trial Dates: June 12, 2000

Facts: Insured thought plaintiff was going to execute a right turn and attempted to pass plaintiff on the left. Plaintiff turned left colliding with insured.

Plaintiffs' Medical Specials: $5,693.00, with recommendation for surgery with $35,000.00- 40,000.00
future medical.

Arbitration Award: $165,000.00

Settlement Negotiations: Plaintiffs' Offer to Compromise: $100,000.00

Defendant's Offer to Compromise: $3,000.00

Verdict: The court ordered the case to a settlement conference on the day of trial.
Defendants withdrew the CCP 998 Offer. When the judge was about to start jury selection,
plaintiff agreed to have judgment entered against him in the amount of $6,000.00 for defense costs.

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