Hon. Robert A. Dukes-Los Angeles County Superior Court, Pomona Courthouse
Plaintiff-Brian Brandt, Esq. (Law Offices of Brian Brandt, Upland)
Defendant, Power Chevrolet El Monte- Elizabeth L. Kolar, Esq. (Kolar & Associates)
FACTS: On January 5, 2005, Defendant Samuel Chin (during the course of employment) was driving a van owned by Power Chevrolet El Monte. Mr. Chin had approached a green light at an intersection and was going to make a left turn. As Mr. Chin was making his turn, Plaintiff’s vehicle entered the intersection and Mr. Chin collided with Plaintiff’s vehicle.
Plaintiff alleged that Mr. Chin’s negligence caused him to suffer a broken knee cap and other physical injuries. Plaintiff also alleged he would need future knee replacement surgery. Lastly, he claimed loss of earnings as a result of the accident. Plaintiff claimed $50,000 in personal injuries and $700,000 in pain and suffering.
Defendant’s alleged that the Plaintiff was contributarily negligent in causing the accident and in causing his own injuries by not wearing his seat belt.
SETTLEMENT OFFERS/DEMANDS: Plaintiff demanded $750,000. Defendant’s highest offer was $225,000.
RESULT: After an 8 day jury trial, a favorable verdict was reached on January 30, 2008. The jury found that Sam Chin was 90% responsible and Martin Oregel was 10% responsible and awarded Plaintiff only $94,405.50 which was significantly lower than Defendant’s Offer of $225,000. Since Plaintiff did not beat Defendant’s Offer, Defendant was awarded costs in the amount of $32,206.64 resulting in a net payment to Plaintiff of only $64.799.78.