Betty Campbell v. Anna Gunnoe
Published: Apr. 22, 2006 | Result Date: Feb. 1, 2006 | Filing Date: Jan. 1, 1900 |Case number: 05213947 Verdict – $2,491
Judge
Court
Tulare Superior
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Thomas F. Mitts
(medical)
James Foxe
(medical)
Sandra Brown
(technical)
Defendant
Kenneth W. Heichman
(technical)
Sean Shimada
(technical)
Facts
On June 26, 2003, Plaintiff Betty Campbell was stopped at a red light in Visalia. Her vehicle was rear-ended by a vehicle driven by Anna Gunnoe. Gunnoe, 80, was traveling less than 10 mph when the accident occurred. Several days later, Campbell, 46, sought treatment for injuries to her neck and back. In addition, In November, 2003, Campbell discovered a visible "indentation" or dent in her right silicone breast implant which was suggestive of a rupture. As a result, Campbell's implants needed to be replaced. Campbell sued Gunnoe for negligence. Gunnoe did not dispute liability.
Settlement Discussions
The plaintiff demanded $20,000 and the defendant offered $5,000 (C.C.P. 998).
Specials in Evidence
$808 The plaintiff, a sheriff's clerk, sought $558. $8,000 for replacement of the breast implants.
Damages
The plaintiff requested $30,000 to $35,000 in damages for pain and suffering.
Result
$2,491. Per counsel for defendant, after a hearing on Cost Bills on March 22, the judge held that the defendant's C.C.P. 998 offer of $5,000 was made in good faith and that the plaintiff did not "beat the offer," so the Section 998 provisions apply. As a result, plaintiff received the verdict amount plus "pre-offer costs"($591) for a total of $3,082. However, the judge also awarded defendant her "post-offer costs" plus expert witness fees, for a total of $13,003.
Deliberation
one hour
Length
three days
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