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
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
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