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Priscilla Aguilar v. Ellen Yi Ling-Liu
Verdict Date: 07/18/2001
Topic: Motor Vehicle - Stop Light; Plaintiff Claimed the Green Light in Intersection Accident

Result: $ 150,917 gross award to the plaintiff. Jury poll was 12-0 on both liability and damages. The plaintiff was additionally awarded costs of $ 22,913. The workers' compensation lien of about $ 9,600 was purchased by the defendant "dollar for dollar."

Before trial, arbitrator Philip Hoffman rendered an award of $ 191,000 to the plaintiff. The defendant requested a trial de novo.

  •  Priscilla Aguilar:
      $ 22,677 economic damages
      $ 128,240 non-economic damages
      Demand $ 90,000 CCP 998
      Offer $ 20,000 initially, increased to $ 40,000 at the beginning of jury deliberations.
      Disbursement: Award Total: $ 150,917
      Injuries: Soft Tissue Injuries, Tmj

Injury: Aguilar, a full-time student majoring in clinical psychology and a part-time recreational leader, claimed cervical and lumbar strains, and left temporomandibular joint injury (TMJ). She received emergency room care, electroneuro stimulation, trigger point injection, ganglion blocks, ultrasound exercises, musculoskeletal therapy, MRI, and a trigeminal appliance for her TMJ. Aguilar, who was within the course and scope of employment at the time of the accident, received workers' compensation benefits. She claimed past medicals of $ 35,437 and general damages of $ 200,000.

The defense questioned Aguilar's injuries, pointing out an 8-month gap in her treatment.

Joseph B. Alban, an orthopedic surgeon who testified via video deposition for Aguilar's third-party case, stated that the plaintiff was truthful about her injuries.

State: California

Court: Superior Court of Los Angeles County, Pasadena

Judge: Coleman A. Swart

Plaintiff Attorney: Marvin S. Lanter; Law Offices of Marvin S. Lanter; Los Angeles, CA (Priscilla Aguilar)

Defendant Attorney: R. Henry Sherrod; Richardson Bambrick, et al.; Arcadia, CA (Ellen Yi Ling-Liu)

Facts: A 24-year-old student who claimed soft-tissue injuries and TMJ received a verdict of $ 150,917 against the driver who ran a red light, causing a collision at an intersection.

The accident happened at the intersection of McPheren Avenue and Garvey Avenue in Monterey Park. Plaintiff Priscilla Aguilar, on June 9, 1997, was driving southbound on McPheren while defendant Ellen Yi Ling-Liu was driving eastbound on Garvey. Both vehicles were traveling at about 25 miles per hour when they struck one another; Aguilar's front bumper hit Ling-Liu's driver door. Two co-workers were occupants in Aguilar's vehicle at the time of the accident; they did not make claims against the defendant.

Each party alleged that the other party entered the intersection on a red light. The police report was noncommittal.

Plaintiff Experts:

  • Carlos Valdez, D.C., Chiropractic, Whittier, CA
  • Jacobo Chodakiewitz, M.D., Neurology, Beverly Hills, CA
  • Joseph B. Alban, M.D., Orthopedic Surgery, Los Alamitos, CA
  • Mayer Schames, D.D.S., Dental, Hawthorne, CA
  • Musya Branovan, M.D., Anesthesiology, Los Angeles, CA

Defendant Experts:

  • Irwin L. Bliss, M.D., Orthopedic Surgery, Los Angeles, CA
  • R. Sherrod Richard Boudreau, D.D.S., Dental, Marina Del Rey, CA

Insurance: Automobile Club of Southern California

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