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Personal Injury
Auto v. Auto
Rear-End Collision

Theresa Nottebohm, Andreas Nottebohm v. Joseph Kellogg, Christine Kellogg

Published: Dec. 24, 2010 | Result Date: Jun. 24, 2010 | Filing Date: Jan. 1, 1900 |

Case number: CIV090741 Verdict –  Defense

Court

Marin Superior


Attorneys

Plaintiff

Anthony O. Ricucci


Defendant

Katherine E. Freyre
(Berg Injury Lawyers)

Philip A. Segal
(Kern, Segal & Murray)


Experts

Plaintiff

Tracy A. Newkirk
(medical)

Ira Golchenreh
(medical)

Defendant

Floyd Fortuin
(medical)

Michael Mahoney
(technical)

Facts

On March 5, 2007, a vehicle operated by Christine Kellogg rear-ended a vehicle operated by Theresa Nottebohm, who was driving near an intersection in San Rafael.

Nottebohm and her husband filed an action against Kellogg and the owner of the vehicle, Joseph Kellogg.

Contentions

PLAINTIFFS' CONTENTIONS:
Plaintiffs claimed that Kellogg operated the vehicle in a negligent manner, and that the vehicle's owner should be held vicariously liable.

DEFENDANTS' CONTENTIONS:
Defendants admitted responsibility, but challenged the damages. They claimed that the injuries suffered were not severe or permanent enough.

Settlement Discussions

Plaintiff demanded $50,000 and the defense offered $2,500.

Damages

Plaintiff Nottebohm sought $5,000 in past medical costs, $184,320 in future medical costs, and an unspecified amount for pain and suffering. Her husband requested $15,000 for loss of services.

Injuries

Plaintiff Nottebohm claimed a neck injury, and thoracic outlet syndrome. Her husband claimed loss of services.

Result

The jury found in favor of the defense.

Other Information

Mercury Insurance insured defendants.

Deliberation

one hour

Poll

12-0

Length

four days


#102285

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