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Personal Injury
Auto v. Auto
Lane Change Collision

Arnald Massini Mendes v. Robert Eugene Hanie

Published: Sep. 23, 2003 | Result Date: May 10, 2002 | Filing Date: Jan. 1, 1900 |

Case number: 00AS01372 Verdict –  $147,055

Judge

Patricia C. Esgro

Court

Sacramento Superior


Attorneys

Plaintiff

Daniel R. Martinez


Defendant

Keith R. Pawloski


Experts

Plaintiff

Anthony F. Bellomo
(medical)

Kirk Barry
(technical)

Dennis Chu
(medical)

D. Randall Brown
(medical)

Defendant

William R. Neuman
(technical)

Donald Macko
(technical)

Facts

The plaintiff, Arnald Massini Mendes, a 64-year-old general contractor alleged that defendant Hanie made an unsafe lane change, causing him to collide into the plaintiff's vehicle while traveling on Highway 50 near the Interstate 5 connector. The defendant contended that a blue tarp flew in front of a white car, which swerved in front of him; that he made an evasive maneuver to avoid the white car and in so doing, struck the plaintiff, who was illegally parked on the highway shoulder.

Settlement Discussions

According to plaintiff: The plaintiff demanded $275,000 reduced to $84,000; the defendant offered $20,00 increased to $30,000.

Specials in Evidence

$42,000 $54,000 $18,000 $15,000

Damages

The plaintiff claimed $11,479 in property damage.

Injuries

The plaintiff claimed to have suffered soft tissue injuries to his neck, shoulder, and back, aggravation of disc bulges at L1-2, L3-4, and L5-S1.

Deliberation

seven hours

Poll

12-0 (liability), 10-2 (damages)

Length

10 days


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