Law Offices of Robert A. Lynch, Jr.

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Plaintiff claimed discectomy due to intersection collision

        MEDIATION:  $600,000.00

       CASE TYPE:  Rear-ender, Agency/Apparent Agency - Respondeat Superior

       CASE: Jeffrey D. Rose v. Audio Fidelity Communications Corp. and Eric Garcia, No. 41956

       VENUE: Brazoria County District Court, 412th, TX

       JUDGE:   Ed  Denman | John  Kain (mediator)

       DATE: 03-13-2008

        PLAINTIFF(S)

       ATTORNEY:

   *  Brian A. Beckcom; Vujasinovic & Beckcom, P.L.L.C.; Houston, TX, for Jeffery D. Rose

   *  Robert A. LynchJr.; Law Offices of Robert A. Lynch Jr.; Houston, TX, for Jeffery D. Rose

EXPERT:

   *  John Smith; Accident Investigation & Reconstruction/ Failure Analysis/Product Liability; Parker, CO called by: Brian Beckom, Robert Lynch [2]

        DEFENDANT(S)

       ATTORNEY:

   *  Brian C. Lopez; Engvall & Hlavinka, L.L.P.; Houston, TX, for Audio Fidelity Communications Corp., Eric Garcia

EXPERT:

   *  David Edelstein M.D.; Orthopedics; Houston, TX called by: Brian Lopez [3]

       INSURER:

   * CNA

      Facts:

   On March 30, 2006, plaintiff Jeffery D. Rose, 47, a corrections officer, was driving a van northbound on Highway 288 in Houston. He was rear-ended by Eric Garcia, who was driving a van for his employer, Audio Fidelity Communications Corp.

     Rose sued Garcia and Audio Fidelity for motor vehicle negligence and respondeat superior. Rose claimed that Garcia was 100 percent at fault.

INJURY:

Rose alleged injuries to his lower back and left knee. He first treated with physical therapy and steroid injections. In October 2006, Rose underwent a resection of a posterior horn tear and a medial meniscus of the left knee. In early 2007, the plaintiff had an anterior lumbar discectomy at L4-L5.

     The defense asserted low impact.

VERDICT INFORMATION The case settled during mediation for $600,000.

EDITOR'S COMMENTS Garcia was a Brazoria County resident, and the case was settled there.

     This report is based on information that was provided by plaintiff's counsel and defense counsel.