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Recent Trial Results

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: 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: Protasovitskiy v. Colclasure

Venue: Sacramento County

Trial Counsel: Peter A. Meshot for defendant (deceased); Robert Borcyckowski for plaintiff

Insurance Company: State Farm Mutual Automobile Insurance Company

Jury verdict date: November 21, 2007

Facts: Defendant rear-ended the plaintiff in an automobile accident while intoxicated. Following the accident, and for reasons unrelated, defendant died. During the course of the litigation the complaint was amended to proceed under the Probate Code limiting recovery to the insurance policy proceeds, and eliminating allegations for punitive damages for defendant having been drunk while driving.

During the course of the trial, plaintiff was able to prevail upon the judge to allow evidence of intoxication to be introduced before the jury on the theory that the plaintiff, never having been in accident and being an immigrant to this country, was traumatized by the fact that he was hit by a drunk driver who tried to flee the scene of the accident. The trial judge refused to allow subrosa surveillance videotape to be shown to the jury on the theory that it would take too much time during trial to review the matter on a Evidence Code Section 402 hearing, edit the tape and then play the edited version to the jury.

Plaintiffs injuries included the claim that he had three lumbar discs that were disrupted. These discs were tested through discography, MRIs and a discogram. Testing showed that dye did leak through three lumbar discs, and that upon pressurization, the three disrupted discs did elicit concordant pain responses.

The jury was persuaded that it should award the plaintiff full medical expenses of approximately $26,000, plus $54,000 past pain and suffering. The jury denied any future pain and suffering , however, based upon the fact that the plaintiff was able to take up a job as a long-haul truck driver.

Verdict: Unanimous verdict on award of damages; negligence was admitted; plaintiff's intoxication was established by his plea of guilty to those charges before he died.

Case Name: Prudnikova v. Reichert

Venue: Placer County

Trial Counsel: Peter A. Meshot for defendant, Amiel Jaramillo for plaintiff

Insurance Company: State Farm Mutual Automobile Insurance Company

Jury verdict date: March 2, 2006

Facts: Plaintiff alleged she was riding as a passenger in her daughter's vehicle when, without warning, she was struck from behind by the SUV driven by Rachel Reichert. She claimed she sustained significant injury to her cervical spine which resulted in removal of a disc and a single level fusion. The surgery was performed by Dr. Philip Orisek, M.D.

The parties stipulated to the amount of past medical expenses, which was only item of economic damages claimed. This was in the amount of $59,866.46

Defendant argued that the plaintiff was not truthful in disclosing her pre-existing history to her spine surgeon so that any of his opinions were flawed on causation and the need for th surgery as it related to the subject accident. Defendant had retained Kamran Sahraker, M.D., a Kaiser neurosurgeon, to review the medical records and serve as expert at trial. He opined that the symptom pattern and complaints, and medical treatment before the subject accident, did not appear to have been changed in its course or natural progression by the subject accident so that her claimed injuries were unrelated to the subject accident.

Verdict: Plaintiff was awarded her requested economic damages, and nothing else. Total verdict amount of $59,866.46.

Case Name: King v. Borowski

Venue: Sacramento County

Trial Counsel: Peter A. Meshot, Esq., for defendant: William Lyons and Michelle Jenni for plaintiff

Insurance Company: AAMCO Insurance Company

Jury verdict date: December 19, 2005

Facts: Plaintiff alleged that she was assaulted and battered in the kitchen of the home she shared with defendant. She dues for negligence and assault and battery. Defendant cross-complained for intentional infliction of emotional stress.

Plaintiff's claimed injuries included exacerbation of a previously injured low back, and two-level cervical disc injuries, resulting in two neck surgeries with fusion and removal of discs. Plaintiff also claimed PTSD and a prior history of physical abuse by defendant.

Plaintiff claimed $264,152 in past medical expenses, and $508,000 in future medical expenses. Plaintiff claimed $91,000 in past wage losses and $234,000 in future loss of earnings. Plaintiff requested $2.5 million for pain and suffering. Defendant disputed causation, damages, or the alleged assault and battery occurred. Defendant alleged that the plaintiff had him arrested and put in jail to avoid having to move out of the home. Defendant claimed plaintiff also had pre-existing history of neck and low back problems and that her claimed injuries were not related to the accident or incident, if it did occur.

Plaintiff made a 998 offer before trial in the amount of $750,000.00. Defendant made a 998 offer of $22,000.

Verdict: Unanimous verdict denying plaintiff's recovery; split verdict on intentional infliction of emotion distress finding the conduct was outrageous , but that defendant did not suffer severe emotional distress. Defendant awarded approximately $30,000.

Case Name: Artishuk, et al. v. Rivera

Venue: Sacramento County

Trial Counsel: Peter A. Meshot for defendant; Amiel Jaramillo for plaintiffs.

Insurance Company: State Farm Mutual Automobile Insurance Company

Jury verdict date: December 19, 2005

Facts: Plaintiffs were mother and minor children. There were at a stop waiting for traffic to clear ahead whey they allege defendant pushed a middle vehicle into their’s causing them injury.

Defendant disputed that he pushed the middle car into plaintiff’s first, but his impact may have caused a second impact to plaintiff’s vehicle.

Plaintiffs claimed various soft tissue injuries.

The verdict amounts were a mixed result where some plaintiffs were awarded slightly more than their arbitration award, and some plaintiffs were awarded less. Verdict amount for the mother was $7,979.30. Verdict amount for one minor child was $777, $4,492 for another, and $277.61 for the last minor.

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: 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: 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: 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: 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: 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: 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: 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: 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: 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: 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). Co-defendant, Walz, 30% at fault, defendants, Soisaengthong and S.F. Taxi 70% at fault and responsible for $46,900.00.

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: Martinez v. Green

Venue: Yuba County

Trial Counsel: Joseph J. Del'Marmol for defendant and Ken Shepard for plaintiff.

Insurance Company: OrionAuto

Trial Dates: February 27 - March 1, 2001

Facts: Minor rear-end automobile accident in which the repair estimate for plaintiffís vehicle totaled $908.07.

Plaintiff's Medical Specials: $5,999.00

Settlement Negotiations: Plaintiff's demand: $15,000.00

Defendant's 998: $ 1,500.00

Verdict: $965.00

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

Settlement Negotiations: Plaintiff demanded $23,000.00; defendant was willing to accept arbitration award of $1,818.42, which plaintiff rejected. Thereafter, defendant's offer was $0 with no cost waiver.

Verdict: The court ordered the case to a settlement conference on the day of trial. Plaintiff offered a cost waiver in exchange for a dismissal, which defendant rejected. Plaintiff paid defendant $500 in costs and the case was dismissed.

Case Name: Perrira v. Garcia

Venue: Sacramento County

Insurance Company: OrionAuto

Trial Counsel: Laurie Marquis for defendant and plaintiff was in pro per.

Trial Dates: March 15, 2001

Facts: Minor rear-end auto accident. This was an appeal from a small claims judgment.

Plaintiffís Medical Specials: $3,400.00

Settlement Negotiations: Defendant's 998 - $900.00

Verdict: Defense

Case Name: Reliance Insurance Company & Commercial Mechanical Services Inc. v. Ralph Emmett

Venue: Placer County

Trial Counsel: Joseph J. Del'Marmol for defendant and Jeffrey Jayson for plaintiff.

Insurance Company: Qestrel Claims Management

Trial Dates: June 3 - June 12, 2003

Facts: Reliance Insurance Company brought this action seeking indemnity for its workers' compensation benefits it paid to an injured worker. The injured worker was a passenger in a vehicle struck by Mr. Emmett. Plaintiff alleged the injured worker sustained additional injuries from the collision that necessitated two spinal surgeries, temporary disability, vocational rehabilitation payments and future medical. Defendant asserts the MRIs taken before and after the loss were the same, therefore the only indemnity would be for the cost of the second MRI and two medical visits post-traffic collision.

Plaintiff's Medical Specials: $154,000.00

Settlement Negotiations: Plaintiff's demand: $100,000.00

Defendant's 998: $ 9,000.00

Verdict: The jury awarded the plaintiff 2% of the $154,000.00 or $3,080.00.

Case Name: Rueda v. Westcott

Venue: San Joaquin County

Trial Counsel: Peter Meshot, attorney for defendant and Patrick Curry, of Curry & Westgate, for the plaintiff.

Trial Dates: March 25 - 28, 2002

Insurance Company: Qestrel Claims Management

Facts: Motor vehicle accident on April 14, 2000, in Stockton at Hammer Lane and Don Avenue.

Offset front end intersection collision where defendant made an unsafe left turn in front of plaintiff who was going straight through the intersection.

Plaintiff's Medical Specials: $7,253.00

Settlement Negotiations: Pre-litigation demand of $25,000.00. Arbitration award of $22,000.00 plus costs.
Post-arbitration demand of $18,500.00. Post-arbitration CCP 998 Offer by defendant for $7,001.00.
Defendant offered $10,000.00 at settlement conference. Plaintiff asked jury for $25,000.00.
Defense argued case was worth about $4,000.00.

Verdict: $3,750.00 ($2,750.00 in economic damages and $1,000.00 for non- economic damages)
after a four-day trial.

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: 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: Simon v. Humbert

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: 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.

Case Name: Viets v. Renfro

Venue: El Dorado County

Trial Counsel: Joseph J. Del'Marmol for defendant and Travis Black for plaintiff.

Insurance Company: Allied Insurance Company

Trial Date: August 2002

Facts: Minor rear-end automobile accident in which the repair estimate for plaintiffís vehicle totaled $175.44.

Plaintiff's Medical Special: Cost of arthroscopic surgery to plaintiffís right shoulder.

Settlement Negotiations: Plaintiff's Offer to Compromise - $100,000.00

Defendant's Offer to Compromise - $0

Verdict: Defense

Case Name: Ward v. Grady

Venue: Sacramento County

Trial Counsel: Joseph J. Del'Marmol for defendant and John Lewis for plaintiff.

Insurance Company: OrionAuto

Trial Date: October 23 - 27, 2000

Facts: Minor rear-end automobile accident in which the repair estimate for plaintiff's vehicle totaled $773.13.

Plaintiff's Medical Special: $4,000.00

Settlement Negotiations: Plaintiff's Offer to Compromise - $14,099.00

Defendant's Offer to Compromise - $500.00

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: 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: Wrinkle v. Chessman

Venue: Santa Clara Superior Court

Trial Counsel: Philip A. Pereira

Insurance Company: California Casualty Indemnity Exchange

Trial Dates: 5/8/06 to 5/18/06

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: Xunxu v. Perkins

Venue: Sacramento County

Trial Counsel: Peter Meshot for defendant and Nabil Samaan and Russ Fields for plaintiffs.

Insurance Company: Galway Insurance Company

Trial Dates: May 9 - 12, 2000

Facts: Minor rear-end automobile accident in which the repair estimate for plaintiffs' vehicle was $608.14

Plaintiffs' Medical Specials: $1,400.00 apiece for each of the three plaintiffs.

Settlement Negotiations: Plaintiffs demanded $10,000.00 each; no offers by defendant.

Verdict: Defense

Post Trial Motions: Defendant was awarded costs of $1,700.00.

Case Name: Yatskiv v. Jones

Venue: Sacramento County

Trial Counsel: Joseph J. Del'Marmol for defendant and Dan Whaley for plaintiff.

Insurance Company: State Farm Mutual Automobile Insurance Company

Trial Dates: June 25 - 27, 2003

Facts: Minor rear end collision. Plaintiffs alleged soft tissue damage. Defendant asserted the Plaintiffs staged the collision.

Plaintiff's Medical Specials: $13,000.00

Settlement Negotiations: Plaintiffs' demand: $4,000.00 arbitration award

Defendant's 998: $0

Verdict: At trial, the Court would not allow defendant to present any evidence that the plaintiffs were involved in a similar traffic collision in the same vehicle. The Court would not allow the defendant to present evidence that the plaintiff telephoned her attorney at the collision scene or that the plaintiffs drove directly to their attorney's office after the collision.

The jury found defendant negligent, but found that plaintiffs did not sustain any physical injury. Plaintiffs were awarded the property damage of $2,503.00 and the cost to be examined at U.C. Davis Medical Center after the collision. They were not awarded any chiropractic specials nor were they awarded any non- economic damages.

Defendant has filed a motion for JNOV since there was no medical testimony to support the reasonable value of the medical bills.

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