Driver changes lanes to turn left, cutting off the motorcycle that collides with the car. Plaintiff, 25 years old, paraplegia.
On the 13th of July 2009, defendant Richard Tang was driving westbound on Vernon Avenue while operating a vehicle registered as Anna Tang. When plaintiff’s motorcycle collided against the rear passenger side panel of defendant’s vehicle, defendant was moving in the number one lanes, then he moved into the number 2 lane. Plaintiff didn’t have motorcycle insurance. His coverage was only for past and future medical expenses, as well as loss of earnings.
Case Details
- Case No. Carlos Madrigal and Anna Tang
- Court and case number: Los Angeles Superior Court Central District / BC445794
- Date Of Judgement or Verdict: Wednesday October 03, 2012
- Date Action Filed: Thursday September 16, 2010
- Types of Action: Vehicles – Motorcycle
- Judge/Arbitrator(s),Hon. Terry A. Green
- Plaintiffs: Carlos Madrigal (25), is employed as a driver.
- Defendants: Richard Tang and Anna Tang
- Type: Jury Verdict
Verdict and Settlement
- Award or Gross Verdict: $9,349.169.65 plus $1,331,482.15 in pre-judgment interest.
- Arbitration or Trial Time: 11 Days
- Jury polls: 9-3 about liability
Personal Injury Lawyers
- Attorney for the Plaintiff Sherman Oaks, The Hompour Law Firm by Arash Homampour Madison Law Group, Kyle K. Madison Los Angeles
- Advocate for the Defendant McClaugherty & Associates, Jay S. McClaugherty Arcadia
Expert Witnesses
- Plaintiff’s Medical Experts Lawrence Miller, M.D. Pain management, Santa MonicaBennett Williamson, Ph.D., psychology, Los Angeles.
- The Medical Experts of the Defendant: Marshall Grode M.D. Neurosurgery Los Angeles. Thomas Hedge M.D. Rehabilitation, Northridge Stephen L.G. Rothman, M.D., radiology, Los Angeles. Lester M. Zackler, M.D., neuropsychiatry, Sherman Oaks.
- The Technical Experts of Plaintiff: Jan Roughan R.N., life-care planning, Monrovia Janice Wexler is a vocational rehabilitation specialist in Burbank. David Fractor, Ph.D., economist, Pasadena. Joseph Yates, accident reconstruction, Yorba Linda.Robert Caldwell, accident reconstruction / human factors, Lafayette, CO.
- Defendant’s Technical Experts Alessandor Anfuso is a vocational rehabilitation specialist, Diamond Bar. Gregory W. Applegate is an arborist in Tustin. Stephen Michael Cook, general contractor, Canoga. David F. Grimes is a land surveyor in Los Angeles. Anaheim, Stacey Helvin. Terence C. Honikman Ph.D. Accident reconstruction, Santa Barbara Paul Kayfetz, Ph.D., accident simulation, Bolinas. Keith McKibben – Motorcycle safety / accident reconstruction Santa Ana David Royer P.E. Traffic Safety, Santa Clarita Mark S. Sanders Ph.D., Human Factors, Encino. Karen Smith, M.S. Economist, San Marino.
Lawyers’ Closing Arguments
Plaintiff’s Contentions: Richard Tang, Defendant, was negligent in operating his motor car by making an unsafe turn directly into the lane of plaintiff.
Defendant’s Contentions: He was not in the middle lane but in curb lane. Plaintiff was negligent in his operation of his bike by trying to pass defendant’s car in an unsafe move known as “gutter sniping.” Plaintiff also claimed that defendant disputed the nature and amount of her future medical care as well as loss of earnings.
Personal Injuries and Damages
- Plaintiff claims physical injuries Plaintiff sustained a severe spinal injury that left her paraplegic.
Special Damages
- Special Damages Claimed – Past Medical: $99,880.15
- Special Damages Claimed – Future Medical: Disputed.
- Claimed Special Damages – Past Earnings:$144283.50
- Claimed Special Damages – Future Loss Earnings: Disputed.
Demands and offers
- Plaintiff, SS998 Demand: $999.999.00 on December 21, 2010, and $1,999.999.00 on August 19, 2011.
- Defendant in SS998 Offer: $100,000.
