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Personal Injury (Vehicular)
Auto v. Auto
Left Turn Collision

Jennifer Hancock v. Kiem Minh Vu, et al.

Published: May 13, 2000 | Result Date: Apr. 5, 2000 | Filing Date: Jan. 1, 1900 |

Case number: 725653 Verdict –  $10,566

Judge

Thomas R. Murphy

Court

San Diego Superior


Attorneys

Plaintiff

Steven H. McAvoy


Defendant

Douglas H. Swope
(Law Office of Douglas H. Swope APC)

Paul A. Trafficante


Experts

Plaintiff

Justin D. Fair
(technical)

William L. Shoemaker
(medical)

Robert S. Tortora
(medical)

Daniel M. Close
(technical)

J. Sterling Sterling Ford
(medical)

Larry L. Beverige
(technical)

Daniel Stuart
(medical)

Defendant

William P. Curran Jr.
(medical)

James Nelson
(medical)

Aidan M. Clark
(medical)

James Strickland
(technical)

Facts

On Dec. 10, 1997, plaintiff Jennifer Hancock, 39 years old, was a passenger in a GMC Jimmy driven by
Carlos Valenzuela, an employee of defendant radiator repair shop. Valenzuela was traveling northbound on
Camino Santa Fe when defendant Kiem Minh Vu, driving a BMW, made a left-hand turn in front of
Valenzuela.
At the time of the collision, plaintiff was being driven back to her place of employment after dropping the
GMC Jimmy off at defendant radiator shop for repair. The GMC Jimmy skidded 26 feet before hitting the
passenger side front quarter panel of VuÆs vehicle. The GMC Jimmy collided with the BMW at approximately
17-20 mph.
The plaintiff was employed with Auto Buying Systems as a DMV clerk and was in the course and scope of her
employment at the time. Prior to trial, defendant radiator shop settled with plaintiff for $20,000. Plaintiff
proceeded against Kiem Minh Vu at the time of trial.

Settlement Discussions

The plaintiff's served a statutory offer of $100,000, (policy limit) demand against Vu. The plaintiff asked the jury to award medical specials of $24,150.87 and $197,000 in lost earnings. Defendant Vu made settlement offer of $40,000. Defendant radiator repair shop settled before trial for $20,000.

Specials in Evidence

$24,150.87 $322,354 $2,000 to $3,000 per year

Damages

Plaintiff complained her vertigo affected her ability to seek and maintain higher paying jobs because the severe dizzy spells and memory difficulties.

Injuries

The plaintiff sustained soft tissue injuries to her neck, sternum and left shoulder. She also sustained an injury to her inner ear (vestibular apparatus). The inner ear injury results in vertigo that occurs two to three times per week. The plaintiff complained her vertigo affected her ability to seek and maintain higher paying jobs because the severe dizzy spells and memory difficulties.

Deliberation

one day

Poll

12-0

Length

six days


#103067

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