|
Garrett
& Jensen
Attorneys at Law
433 Civic Center Drive West
P.O. Box 22002
Santa Ana, California 887051-8002
November 19, 1998
John Cerlanek
SIGNA SCAN
1515 South Sunkist, Suite C
Anaheim, CA 92806
Re: Kim v. Rose
Dear John:
Well, we did it again, two defense verdicts at
trial!
I would like to thank you for your hard work and preparation,
on the case of Kim v. Rose. As you know, this was a
very difficult case in that Plaintiff was involved in a very
serious accident and claiming severe personal injuries. We
also faced the chief question document examiner for the City of
Long Beach Police Department. However, the jury, the judge,
the court clerk, and the bailiff all commented to me what a superb
presentation you gave during trial concerning Plaintiff's sign-in
sheets. They were all convinced that Plaintiff did not treat
at the Medical Clinic, based on your presentation and
testimony. In fact, the judge pulled me aside and told me he
was recommending to all the District Attorneys that they should
retain you as their questioned document examiner. That is a
well-deserved compliment. Please thank Gil Garrett for his
wonderful forensic photography in this case.
I look forward to working with you again real
soon.
|
Very truly yours,
GARRETT & JENSEN
Mark S. Armijo |
|
| Trial Reports |
|
|
12
TO 25 |
EXPERT
TESTIMONY
According to defendant: Plaintiff's expert Charles, an
anesthesiologist, testified that the care received by plaintiff
was reasonable and necessary. Plaintiff's expert Pierce, a
handwriting analyst, testified that plaintiff signed all of her
physical therapy treatment logs on different occasions. He
did not believe that the physical therapy signatures were
fraudulent. The defense expert,
John Cerlanek, a document examiner, testified that the physical
therapy logs signed by plaintiff pm 29 occasions revealed strong
evidence of fabrication and fraud. There were 29 physical
therapy sessions with 29 signatures from plaintiff. Cerlanek
was able to determine from habitual analysis and more importantly
through scientific analysis that plaintiff signed in blocks, i.e.,
four or five signatures at one time, possibly all at once.
The jury commented after the trial that the handwriting
presentation by defendant was credible and showed strong evidence
of fraud on the part of the plaintiff.
COMMENTS
According to defendant: The
jury was strongly persuaded by defendant's handwriting expert,
John Cerlanek, and did not believe that plaintiff's handwriting
expert refuted any of his testimony. Defense counsel
reported that plaintiff's counsel has inferred they will file a
motion for new trial. The insurance company was
Interinsurance Exchange of the Autombile Club of Southern
California, Los Angeles Unit; the adjuster was Carol Lucas. |
Driver turns left into
plaintiff's care -
Injury to shoulder, arm, hip/knee
|
VEHICLE
NEGLIGENCE
Motor Vehicle v. Motor Vehicle: Left Turn/Intersection
LOS ANGELES COUNTY
SUPERIOR COURT
Kim v. Rose, No. 95CD2677, Long Beach, Charles Sheldon.
Jury trial: 4.5 days, Verdict/judgement: 8/28/98.
VERDICT/JUDGEMENT
DEFENSE
Vote: Not reported. Deliberations: 4hours.
TRIAL COUNSEL
Plaintiff: Roger Kander, Law Offices of Roger Kander, Long
Beach
Defendant: Mark S. Armjo,
Garrett & Jensen, Santa Ana
FACTS/CONTENTIONS
According to the defendant: Plaintiff claimed that she
sustained injuries to her left shoulder, arm, hip and knee as a
result of defendant turning left and hitting plaintiff's
car. The plaintiff was Thida B. Kim. The defendant was
Chester Rose, 88. The underlying accident occurred on
October 16, 1992 at the intersection of Zimeno and Atherton.
Plaintiff was traveling eastbound on Atherton Avenue while
defendant was traveling westbound on Atherton. Defendant
began to make a left turn onto Zimeno and hit plaintiff's
vehicle. Plaintiff's car spun out of control and struck the
curb. Her rear tire went flat. Property damage to
plaintiff's vehicle was over $4,000. She complained of left
arm, left shoulder, left hip and left knee pain. The medical
records revealed that the complaints were to the right hip, right
knee, right shoulder and right arm. There were multiple
records stating only right-sided pain.
CLAIMED INJURIES
According to defendant: Left shoulder, left arm, left
hip and left knee injury with treatment at San Porres De Martin
Medical Group by anesthesiologist Tracey Charles.
CLAIMED DAMAGES
According to the defendant: $4,000 past medical; $25,000
general damages; $4,000 property damage
SETTLEMENT DISCUSSIONS
According to the defendant: Demand: $8,500 (CCP 998),
Offer: None. The matter was arbitrated before D. Sterry Fagan who
awarded nothing to plaintiff and costs to defendant.
TRIAL EXPERTS
Plaintiff: Tracey Charles, anesthesiologist. James
Pierce, handwriting analyst.
Defendant: John Cerlanek, document examiner, Anaheim. |
|
Law Offices of
VIVIAN L. SWARTZ
ONE PARKSIDE
500 EAST HOSPITALITY LANE
SUITE 350
SAN BERNADINO, CALIFORNIA 92406
TELEPHONE: (909) 384-4100
FAX: (909) 384-4108
February 6, 1997
Mr. John F. Cerlanek
SignaScan, Inc.
1515 South Sunkist, Suite C
Anaheim, CA 92806
Re: ROWSER v. FRANKLIN , San Bernadino
Municipal Court, West Valley Division, Case Number RCC112269
Dear Mr. Cerlanek:
To confirm our telephone conversation this date, we
received a unanimous defense verdict in the above referenced case.
Based on my conversation with the jury foreman, and other jurors after the
trial, your testimony and exhibits convinced them that the sign-in sheets
from the chiropractic clinic indicated massive fabrication and were signed
in considerably fewer sittings that the dates indicated. The jury
was impressed both by the habitual and pen and ink evidence that was
presented. You did an excellent job in communicating your procedures
and conclusions clearly and convincingly. I thank you for being part
of our team on this one and look forward to working with you again.
Very Truly Yours,
MARCIA M. LACOUR
|
|
SignaScan
John F. Cerlanek, CDE
1423 Lambda Place
Anaheim, CA 92805
714-635-7899
www.signascan.com |
| Home
| Curriculum Vitae | References
| |
|
