Selene Ballonoff v. Ana McGlothlin, Eugene McGlothlin
Published: Jul. 2, 2011 | Result Date: Apr. 14, 2011 | Filing Date: Jan. 1, 1900 |Case number: BG07320280 Verdict – Defense
Court
Alameda Superior
Attorneys
Plaintiff
Charles R. Roe
(Samuelson, Wilson & Roe)
Defendant
Michael J. Smith
(Carbone, Smoke, Smith, Bent & Leonard)
Experts
Plaintiff
Tracy A. Newkirk
(medical)
Defendant
Steven McIntire M.D., Ph.D.
(medical)
Maud Nerman
(medical)
Facts
Selene Ballonoff was stopped at an intersection when she was rear-ended by a vehicle operated by Eugene McGlothlin. The force of the impact caused Ballonoff's car to propel half a block forward. She sued McGlothlin and his mother, Ana McGlothlin, the owner of the vehicle, for negligent operation of the vehicle and vicarious liability. Defendants alleged that Ballonoff acted negligently and was the sole cause of the accident since she stopped abruptly at the intersection, causing the accident.
Damages
Ballonoff sought $29,134 in past medical costs, and the same amount for future medical costs. She also sought unspecified amount for pain and suffering.
Injuries
Ballonoff claimed to have sustained a concussion with postconcussion syndrome. She was diagnosed with a traumatic brain injury in 2006, and claimed that the accident exacerbated her preexisting conditions, which included: tempromandibular joint disorder; thoracic outlet syndrome; headaches; skin prickling; fatigue; and strains and sprains to her neck, back, hips, knees, right calf, pubis, and chest. She also claimed to have an adverse reaction to a chemical that was used during an MRI. She did not undergo any surgery to treat her injuries, but have been receiving ongoing physical therapy. Defendants contended that Ballonoff did not sustain any serious injury from the accident, and denied her claim of a traumatic brain injury. They claimed that plaintiff only sustained strains and sprains that have since resolved.
Result
The jury rendered a verdict in favor of the defense.
Deliberation
one hour
Length
four days
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