Karen Smith v. Aurora Miramontes
Published: Aug. 26, 2003 | Result Date: Jan. 31, 2003 | Filing Date: Jan. 1, 1900 |Case number: GIE009594 Verdict – $16,000
Judge
Court
San Diego Superior
Attorneys
Plaintiff
Isam C. Khoury
(Cohelan, Khoury & Singer)
Diana M. Khoury
(Cohelan, Khoury & Singer)
Defendant
Experts
Plaintiff
David Jackel
(medical)
Peter R. Francis Ph.D.
(technical)
Bruce R. Lasker
(medical)
Stephen Plourd
(technical)
Defendant
William E. Bowman Jr.
(medical)
Peter M. Burkhard
(technical)
Facts
On Nov. 21, 2000, Karen Smith, the 41-year-old plaintiff, was driving on a road in San Diego. While at an intersection, a collision occurred between a Ford Explorer and defendant Aurora Miramontes' Hyundai while defendant was attempting to make a left turn. The Explorer then struck Smith's vehicle. Smith sued Miramontes. The plaintiff alleged vehicular negligence. The defendant admitted liability for the accident but disputed causation and damages.
Settlement Discussions
The plaintiff made a demand of $35,000. An offer of $9,299 was offered (per plaintiff's counsel).
Specials in Evidence
$9,000 $2,000
Damages
Teh plaintiff was awarded $5,000 in noneconomic damages.
Injuries
The plaintiff claims to suffer from memory difficulties and soft tissue injuries to her neck and back. Her treatment consisted of physical therapy and diagnostic testing.
Other Information
The plaintiff filed a memorandum of costs and was awarded prejudgment costs of $5,611.
Deliberation
one day
Length
five days
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