Plaintiff beat CCP 998 easily. Plaintiff refused to receive medical attention at the scene. Defense claims that the accident did not cause hip replacement.
Plaintiff was making a right turn onto US 101 southbound on February 22, 2019 when defendant hit her Nissan Pathfinder from the rear. Plaintiff’s vehicle spun 180 degrees after the impact. Plaintiff refused medical attention and fled to her daughter’s home. The liability was not in dispute.
Case Details
- Case Name: Santibanez v. Flesher
- Court and case number: Santa Barbara Superior Court/ 20CV02091
- Judgment or Verdict Date: Tuesday, September 6, 2022
- Date Action Filed: Friday June 19, 2020
- Types of Action: Highlighted Verdicts, Cars – Auto Vs. Auto
- Judge/Arbitrator(s),Hon. Thomas Anderle
- Plaintiffs:Elba Santibanez, 57, food server
- Defendants: Bette Mae Flesher
- Type: Jury Verdict
Verdict and Settlement
- Award or Gross Verdict:$355,000
- Contributory/Comparative Negligence: None.
- Economic DamagesPast medical: $125,000Future medical: $122,000
- Non-Economic Damages:Past: $100,000Future: $8,000
- Arbitration or Trial Time:6 Days
- Jury Deliberation:4 Hours
- Post Trial Motions and Post-Verdict SettlementsPlaintiffs motion for $113.235.12 in costs, 998 interest granted
Personal Injury Lawyers
- Attorney for the PlaintiffHarris Personal Injury Lawyers, Inc., Santa Barbara.
- Advocate for the DefendantMark Weiner & Associates by Colette Asel, Glendale.
Expert Witnesses
- Plaintiff’s Medical Expert(s).Christopher Birch M.D., hip orthopaedic surgery. (Treating physician.)Alan Moelleken, M.D., spine orthopedics. (Treating physician.)Amit Nathani M.D., hip orthotics. (Treating physician.)Jon Uyesaka, primary healthcare. (Treating physician.)
- The Medical Expert(s), Defendant:Tony Feuerman, M.D., neurosurgery.Brian Bashner, M.D., orthopedics.
- Technical Expert(s), Defendant:Isaac Ikram, accident reconstruction.
Lawyers’ Closing Arguments
Plaintiff’s Contentions:Plaintiff claimed she suffered injuries to her left hip and low back.
Defendant’s Contentions:Plaintiff’s injuries were not as severe as claimed by defendant. He claimed that they were soft tissue and/or preexisting conditions, which were not worsened by the crash.
Personal Injuries and Damages
- Plaintiff claims physical injuriesL5 low back nerve injury Plaintiff received two PRP injections at L4-L5 levels. Left hip pain necessitating a total hip replacement.
Special Damages
- Special Damages Claimed – Past Medical: $173,079
- Future Medical Claims –$250,000 to $45,000
- Special Damages Claimed for Past Loss Earnings:None
- Claimed Special Damages – Future Loss Earnings:None
Demands and offers
- Plaintiff, SS998 Demand$99,000 November 19, 2021
- Defendant in SS998 Offer:$25,000.00 December 14, 2021.
Additional Notes
The defendant tried to serve $50,000 998 more on March 4, 2022 but it was not served in time.
Plaintiff anticipates collecting approximately $30,000.00 in interest, and $90,000.00 in litigation expenses after beating her 998 score of $99,000.
State Farm is the Insurer
