Mark Andrade, Michelle Andrade v. Don H. Phemister
Published: Sep. 30, 2003 | Result Date: Feb. 18, 2003 | Filing Date: Jan. 1, 1900 |Case number: MCV9699 Verdict – $3,130
Judge
Court
Placer Superior
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Louis J. Gallia
(medical)
Defendant
Laura L. Liptai
(technical)
Facts
The plaintiffs husband and wife, Mark Andrade, a 32-year-old loan officer/real estate agent and Michelle Andrade, a 30-year-old homemaker, who was pregnant at the time, were driving to a restaurant when their vehicle was rear-ended by defendant Karen Phemister. Defendant Don Phemister was the owner of the vehicle. The plaintiffs alleged that the accident caused soft tissue neck and back injuries. Their experts testified that Mark Andrade needed surgery for TMJ. He also testified that plaintiffs' medical treatment was reasonable, necessary and caused by the accident. The defendants admitted liability, but contended that this low-speed accident that caused no injuries. The defense expert testified that the forces involved in the accident had a Delta V of less than 5 mph and that the forces on Mark Andrade's jaw were less than the forces of mastication.
Settlement Discussions
An offer was made to plaintiff Mark Andrade of $5,001, which was less than his out of pocket expenses to date. Just before trial, the defendant increased the offer to $7,500. By that time the plaintiffs' medical bills and litigation expenses exceeded the amount of the offer, an offer of $3,500 was made to plaintiff Michelle Andrade. According to the plaintiffs, the plaintiffs repeatedly communicated to the defendant that they would settle the case for the amount of their medical bills plus litigation expenses. The defendant never made an offer that would enable them to walk away without owing money. An arbitrator awarded Mark Andrade $9,892 plus costs and Michelle Andrade $3,012 plus costs. The parties rejected the arbitration award.
Damages
$5,000 to $20,000 general damages.
Injuries
Plaintiff Mark Andrade suffered pain and discomfort to head, neck, back, jaw and left shoulder. Plaintiff Michelle Andrade suffered head, neck, back and right shoulder and arm injuries.
Result
The jury awarded plaintiff Mark Andrade $500 general damages and $1,330 special damages. Michelle Andrade was awarded $1,300 special damages.
Other Information
The plaintiffs have filed an appeal.
Deliberation
two days
Length
five days
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