Florence Mary Franet v. Rica Tseng
Published: Feb. 20, 2016 | Result Date: Sep. 16, 2015 | Filing Date: Jan. 1, 1900 |Case number: MSC13-02223 Verdict – Defense
Court
Contra Costa Superior
Attorneys
Plaintiff
Defendant
Jennifer A. Kung Gelini
(Bennett Samuelsen Reynolds Allard Cowper)
Facts
Florence Franet sued Rica Tseng in connection with an alleged incident that occurred on Oct. 19, 2012.
Contentions
PLAINTIFF'S CONTENTIONS:
Plaintiff allegedly saw defendant leave her young child inside defendant's car on a hot day, with all the windows rolled up as defendant went to the party supply store. Plaintiff, a retired teacher, called the cops to report the incident and subsequently confronted defendant about the incident. Defendant got inside her vehicle and, as plaintiff held up a box to protect defendant's child from the sun, defendant proceeded to put her vehicle in reverse and ran over plaintiff's right foot. Plaintiff then sued defendant for negligence.
DEFENDANT'S CONTENTIONS:
Defendant claimed plaintiff was to blame for any injuries she may have suffered by putting herself in harm's way. Defendant also disputed plaintiff's claimed injuries.
Settlement Discussions
Franet demanded Tseng's $100,000 policy limits. Tseng offered $75,000 in settlement.
Damages
Franet requested $28,188 in medical expenses and $134,105 in attendant care. She also requested an unspecified amount for past and future pain and suffering.
Injuries
Franet claimed she fractured her right foot, which was also dislocated at the top. She underwent surgery to repair it. Despite surgery, however, Franet claimed she continued to suffer from constant pain and had issues with ambulating over an extended period. She also claimed issues with driving and may need future surgery.
Result
The jury ultimately found in favor of the defense.
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