GOROS, ET. AL. V. SILBERSTEIN

A personal injury case involving a car accident that injured a 90 year-old passenger and an elderly driver who were badly injured when a car pulled into the intersection before it was safe to do so. Lead attorney was Kevin F. Quinn with associate Theresa Conley.

Plaintiff's Medical Expert Witnesses:
Louise C. Towne, M.D., 3434 Midway Drive, Suite 2004, San Diego, CA 92110, Tel: (619) 223-2271
Emily Dyson Scott, M.D., 4060 Fourth Avenue, Suite 500, San Diego, CA 92103, (619) 260-1900
Robert A. Pedowitz, M.D., Ph.D., Professor and Chairman, Department of Orthopaedic Surgery,
University of South Florida College of Medicine, 12901 Bruce B. Downs Blvd, Tampa, Florida 33612, (813) 974-2196
Doreen Casuto, 7851 Mission Center Court, #103, San Diego, California 92108, (619) 299-9922

Defendant's Medical Expert Witnesses: James M. Bried, M.D., 15525 Pomerado Road, Suite A-1, Poway, California

Plaintiff's Techical Expert Witnesses:
Roberta Spoon, CPA, Brodshatzer, Wallace, Spoon & Yip
555 West Beech Street, Suite 400, San Diego, CA 92101, (619) 234-4173
Stephen A. Blewett, Stephen Blewett and Associates, 2406 North Lack Avenue
Altadena, California 91001, (626) 798-3028

Defendant Insurance: California Casualty Indemnity Exchange

Date, Time and Place of Incident(s):
November 30, 2004 at approximately 4:30 p.m., Intersection of Hornblend Street and Jewel Street in Pacific Beach, San Diego, California

Facts and Background:  
Plaintiffs were driving from their home in Campland on the Bay to the Staples Store on Garnet Avenue. Mr. Cataldo was at the wheel and Ms. Goros was in the passenger seat next to him. As they traveled northbound on Jewell Street, Dr. Silberstein was stopped at a stop sign on Hornblend Street at the intersection with Jewell Street. Waiting for an opportunity to continue east on Hornblend, Dr. Silberstein saw a break in the southbound traffic on Hornblend and entered the intersection before it was safe to do so and directly in front of Mr. Cataldo's oncoming vehicle.

Plaintiff's Contentions, Allegations:
Dr. Silberstein was the party at fault and his violation of California Vehicle Code Section 22450, failure to observe the rules of the road specifically those involving stop requirements, was the primary cause of the collision.

Injuries and/or Damages:
Sally Goros: Due to the impact of the collision, Ms. Goros suffered trauma to her face and throughout her body. Specifically, Ms. Goros reported to the emergency room with a subconjunctival hemorrhage near her left eye and a nasal contusion. Follow-up appointments and an MRI further revealed a torn lateral meniscus, a tear along the posterior horn, knee joint effusion with bone chips, tricompartmental osteoarthrosis and a remote injury of the anterior cruciate ligament in her right knee. Ms. Goros endured an coronary angioplasty in order for medical clearance for a right knee arthroscopy with partial lateral meniscectomy and chondroplasty in a failed attempt to repair her knee and restore her mobility. Ms. Goros suffered a significant decrease in her mobility and stability due to her injuries. As such, she was awarded damages for daily attendant care in order to assist her with daily activities.
Thomas Cataldo: Mr. Cataldo suffered trauma to his face, head, shoulder and throughout his body as a result of the impact. He has experienced reoccurring dizziness, headaches and blurred vision as a result. Medical examination further disclosed post-concussive syndrome, a strained right shoulder, right ring finger and low back as well as a partial tear of his rotator cuff in his right shoulder.

Defense:
Defendant accepted responsibility for the accident, however, Defendant questioned the extent of injuries and need for pre-operative clearance.

Notes:
Plaintiff Sally Goros was 90 years old at the time of the collision. Despite her advanced age, she was in very good health and was active at the time of the collision. She was documented dancing as well as walking. Similarly, Thomas Cataldo was 79 years old at the time of the accident and was also in good health and was Ms. Goros' weekly dance partner. The two were a couple who shared a modest home at Campland on the Bay. Retired, they both volunteered for a non-profit organization, The Better Vision for Children Foundation, that Mr. Cataldo established. While both Mr. Cataldo and Ms. Goros exhibit dynamic personalities and a zest for life, Mr. Cataldo proved to be an accomplished engineer and inventor. In the late 1970s he invested the Mircolert alarm made famous by the "I've fallen and I can't get up" slogan used in the commercials. Additionally, in the 1980s he developed a method to screen for eye disorders in children while the disorders are still treatable. It was a non-profit organization for this product that both Mr. Cataldo and Ms. Goros were actively involved in at the time of the accident.

Specials: 500

Settlement Amounts: Sally Goros: $460,000; Thomas Cataldo: $ 40,000

Verdict or Award: Settled

Attorney for client: Kevin F. Quinn, Esq. (partner), Theresa M. Conley, Esq. (associate)

Attorney for defendant:
Alan K. Brubaker, Esq., Wingert Grebing Brubaker & Goodwin LLP
One America Plaza, Seventh Floor, 600 West Broadway, San Diego, CA 92101-4665, (619) 232-8151

Individual Defendants: Jonathan Silberstein