L’Herault v. Honda of Santa Monica (BC374359)

Hon. Jacqueline Connor, Los Angeles County Superior Court

MOTOR VEHICLE:

Personal Injury

Property Damage

Motor Vehicle Negligence

ATTORNEYS:

Plaintiff, John Paul L’Herault

Mark Levine, Esq. (The Levine Law Firm, Encino)

Defendants, Honda of Santa Monica, Ivan Gallegos, and Sonic Automotive

Elizabeth L. Kolar, Esq. (Kolar & Associates, Santa Ana)

FACTS & CONTENTIONS:

The case involved a motor vehicle v. motorcycle accident. The Plaintiff, L’Herault, contended he had the right of way down an alley and that Defendant, Gallegos, a dealership employee, pulled out in front of him causing him to suffer personal injuries resulting in back surgery. Defendants disputed that they were negligent and further argued that the Plaintiff was speeding and failed to take any precautions to avoid the accident. Defendants also contended that the surgery was the result of pre-existing injuries unrelated to the accident.

DAMAGES:

Plaintiff claimed damages for medical expenses, property damage, general damages, wage loss and loss of earning capacity in excess of $200,000.

DEMANDS/OFFER:

Plaintiff’s demand was $650,000. Defendants offered $5,000.

OUTCOME:

Defense verdict for the dealership and an award of costs in their favor and against the Plaintiff.