Jonathan Casey v. Phuc Vinh Vo
Published: Mar. 22, 1997 | Result Date: Oct. 21, 1996 | Filing Date: Jan. 1, 1900 |Case number: 744894 – $0
Judge
Court
Santa Clara Superior
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Patrick J. Riley
(medical)
Defendant
Robert Lindskog
(technical)
Lawrence M. Elson
(technical)
Facts
On Nov. 8, 1993, plaintiff Jonathan Casey, a 30-year-old electronics employee, was a passenger in the backseat of a vehicle driven by a co-worker. There were three other co-workers in the vehicle. At the intersection of Pruneridge and San Tomas Expressway, the driver of the vehicle in which the plaintiff was a passenger, brought his vehicle to a stop, waiting for traffic to clear so that he could turn right onto San Tomas Expressway. Moments later, the vehicle in which the plaintiff was riding was impacted from behind, as defendant Phuc Vinh Vo's vehicle rolled into it. There was no visible damage to either vehicle. The plaintiff brought this action against the defendant based on negligence theories of recovery.
Settlement Discussions
The plaintiff made a C.C.P. º998 settlement demand for $15,000 policy limits. The defendant offered $2,000.
Specials in Evidence
$4,946.10 $___________ $___________
Injuries
The plaintiff claimed that as a result of this accident, he suffered a brachial plexus type injury, headaches, cervical sprain, posterior right neck and right arm pain, and numbness of the right little finger which persisted through the trial. The plaintiff also claimed that due to the injury to his neck and the resulting radaiting pain into his finger, he could no longer play the drums nor could he play golf. A witness testified that the plaintiff was in a band and had played regularly in the band prior to the accident, but subsequent to the accident, the plaintiff was unable to participate. The plaintiff's father testified that the plaintiff was playing golf prior to the accident but was unable to play golf following the accident.
Other Information
The verdict was reached approximately three years after the case was filed. An arbitration resulted in an award of $37,500. The defendant requested a trial de novo. EXPERT TESTIMONY: Robert Lindskog, P.E., an accident reconstructionit, stated that the rear-end impact occurred at a speed of three to five mph. Dr. Lawrence Elson, Ph.D., an anatomist, testified that an impact of three to five mph would not cause a neck sprain or strain nor a brachial plexus type injury.
Deliberation
3 hours
Poll
10-2
Length
5 days
For reprint rights or to order a copy of your photo:
Email
jeremy@reprintpros.com
for prices.
Direct dial: 949-702-5390