Annette Buell v. Jeffrey Collins
Published: Apr. 29, 2006 | Result Date: Nov. 14, 2005 | Filing Date: Jan. 1, 1900 |Case number: VCIVS0300052 Verdict – Defense
Court
San Bernardino Superior
Attorneys
Plaintiff
Defendant
Robert F. Tyson Jr.
(Tyson & Mendes LLP)
Experts
Plaintiff
John R. Hawes
(medical)
Clive B. Hannon
(medical)
Murray A. Thale
(medical)
Kam M. Lam
(medical)
Defendant
Timothy P. Gray
(medical)
Facts
The plaintiff is Annette Buell and the defendant is Jeffrey Collins. The defendant admitted that he rear-ended the plaintiff's vehicle. There was about $1,000 worth of property damage to the plaintiff's rear bumper.
Settlement Discussions
There was a non-binding judicial arbitration award for $13,144. After the arbitration, plaintiff made a CCP Section 998 demand of $25,000, which the plaintiff offered again to accept on the first day of trial. The defense made a Section 998 offer of $5,000 following arbitration.
Specials in Evidence
The plaintiff's claimed medical costs was about $6,500. The plaintiff's claimed lost earnings was $408.
Injuries
The plaintiff claimed she suffered soft-tissue injuries to her neck and back. She initially sought chiropractic treatment 49 days after the accident. She also underwent treatment from a neurosurgeon, physician and physical therapist.
Result
The judgment was for the defense.
Other Information
The plaintiff's expert testified in regard to her cervical strain healing. Another expert for the plaintiff testified that the plaintiff sustained injury from the accident. The defense medical expert testified that the plaintiff did not suffer any injuries. The defendant submitted a cost bill totaling $11,182, and the plaintiff filed a motion to tax costs. The plaintiff's motion was denied. The defendant was awarded costs totaling $11,182.
Deliberation
one hour
Poll
11-1
Length
four days
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