case updates:
UPS TRUCK CAUSES REAR-ENDED IN RAIN:
VEHICLE NEGLIGENCE: Motor Vehicle v. Motor Vehicle: Rear-End
COURSE AND SCOPE OF EMPLOYMENT
LOS ANGELES COUNTY SUPERIOR COURT: Parker v. United Parcel Service Inc., No.PC022887, San Fernando.
L.Jeffery Wiatt
JURY TRIAL: 8 days.
DATE: 4/26/2001.
VERDICT/JUDGMENT: $269,642
$797,613 economic damages and $ 750,000 general damages awarded to Be Parker, reduced by 85 due to comparative negligence to $232,142, $250,000 awarded to John parker, reduced by 85 percent to $37,500. Vote: 9-3: 10-2.
Deliberations: not reported.
TRIAL COUNSEL:
Plaintiff: David W. Berglund, Berglund Johnson Sommer, Woodland Hills.
Defendant: Robert A. Morgenstern, Garcia, Emmons, Maranga & Morgenstern, Sherman Oaks.
FACTS/CONTENTIONS: According to defendant: Plaintiffs vehicle was rear-ended by a UPS truck in the rain. The plaintiffs were Becci Parker and John Parker.
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The defendants were United Parcel Service Inc, and Gary Rubel Jr. Plaintiffs alleged that the UPS truck had sufficient time to stop in order to avoid the collision. UPS contended that plaintiff cut in front of its vehicle and then stopped short in the middle lane of traffic, facing a green light.
CLAIMED INJURIES: According to defendant: Becci Parker: Myofascial pain syndrome and fibromyalgia. John Parker: Loss of consortium.
CLAIMED DAMAGES: According to defendant: over $1,000,000 in lost earnings, future income, past medical and future medical care.
SETTLEMENT DISCUSSIONS:
According to defendant-
DEMAND: Several million.
OFFER: Up to one million.
TRIAL EXPERTS: Plaintiff: Stephen A. Blewett, accident reconstructionist, Stephen Blewett & Associates, Altadena (818) 789-3028.
Sturate Silverman, rheumatologist, Beverly Hills, Curt Sandman, neurophysiologist, Costa Mesa.
DEFENDANT: Arnold D. Purisch, neurophy-siologist, Irvine (714) 753-7711. Ernest Z, Klein, accident reconstructionist, Collision Research & Analysis Inc., Torrance (310) 328-9090.
COMMENTS: According to defendant: A motion for new trial and mutual motions to tax costs were pending at the time of this report.
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