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Recent Case Resolutions
Codner v Wills
Motorcycle/ auto accident Ventura County Judge Vincent O'Neil read more…
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Recent Case Resolutions
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Motorcycle/ auto accident Ventura County Judge Vincent O'Neill DOA 10/1/05 Offer prior to trial: $328,000 Jury verdict: $3.15 million.
Total recovery for client, when one considers prior settlement: $3.65 million
Case name was Dan Codner, et al v. John Wills, In and Out Burger (INO)
Accident date was 10/1/05
Age and occupation of plaintiff: 48 years old; machinist for Proctor and Gamble
Location: Harbor Blvd. in City of Ventura, CA
Attorney for Wills: Lloyd Michaelson of the Law Offices of Lloyd Michaelson in Westlake Village, CA
Attorney for INO: John Mark Jennings of Shulman, Hodges and Bastian in Foothill Ranch, CA
Attorney for plaintiffs: Aimee E. Kirby of Kirby, Kirby and Kirby and Steven C. Kirby of Kirby, Kirby and Kirby, 2614 Artesia Blvd., Redondo Beach, CA, 90278. B. Robert Allard of Corsiglia, Mc Mahon and Allard, 96 North Third Street, Suite 620, San Jose, CA 95112; 408-289-1417,
Carrier for Wills: State Farm Insurance Company
Facts: Wills makes a left turn from a driveway at INO and causes a collision with a motorcycle being driven by Mr. Codner, who had the right of way. The speed limit in the area was 35 mph. Three witnesses claim that the motorcycle was traveling at a speed of at least 55 mph. The police attribute fault entirely to Mr. Codner, who suffers significant injuries, including 1) traumatic brain injury, resulting in permanent hemi paresis, 2) fractured pelvis, 3) fractured acetabulum and 4) partially severed femoral artery. Past medical bills were $458k, of which $225k were paid. Past wage loss was approximately $60k. Claimed future wage loss (approx. $600k) and medical care (appox. $150k) were vehemently contested by the defense. Claim against INO was that it was negligent in the management of its property, resulting in site distance compromise for left turning vehicles such as Wills.
INO and plaintiffs enter into a confidential settlement as a result of a mediation conducted by Thomas Dillard, Esq. of Judicate West in Santa Ana in mid December in 2006.
Statutory offer by the State Farm, which never increased: $328k (global).
Statutory demand by plaintiffs: $500,000, which was made on several occasions (also global), including at the aforementioned mediation in December 2006.
Trial before the Honorable Vincent O'Neill in Department 40 at Ventura County Superior Court from February 8 to March 6, 2007
Experts for the plaintiffs: Dr. Barry Ludwig (neurologist), Joseph Yates (accident reconstruction), Dr. Jeffrey Ballard (orthopaedic surgery), Katherine Graves (economist) and Joseph Esherick (internal medicine)
Experts for State Farm: Dr. Martin Levine of Encino (neurologist) and Dr. Jerald Litoff (orthopaedic surgery).
Jury verdict: $3.1 million against Wills/ State Farm.
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