Alma E. Monterroso, Victor Monterroso v. Dennis James Layne
Published: Sep. 15, 2012 | Result Date: Jul. 26, 2012 | Filing Date: Jan. 1, 1900 |Case number: RG11594200 Verdict – $12,891
Court
Alameda Superior
Attorneys
Plaintiff
Monica J. Burneikis
(Meisel, Krentsa & Burneikis)
Defendant
Philip A. Segal
(Kern, Segal & Murray)
Experts
Plaintiff
William F. Schauman
(Schauman & Hubins PC)
(medical)
Aubrey A. Swartz
(medical)
Defendant
Floyd Fortuin
(medical)
Facts
Alma Monterroso was driving east on a street in San Francisco. She was involved in a collision at an intersection controlled by a four-way stop when the rear passenger-side of her vehicle was struck head-on by a vehicle operated by Dennis Layne, who was traveling north. The impact caused Moterroso's vehicle to spin 90 degrees. She claimed injuries as a result thereof and sued Layne for negligent operation of his vehicle.
Contentions
PLAINTIFF'S CONTENTIONS:
Plaintiff contended she arrived first at the intersection and made a complete stop before proceeding. Plaintiff also contended that Defendant failed to stop at the stop sign causing the collision. Plaintiff further contended that several eyewitnesses corroborated her account of the accident.
DEFENDANT'S CONTENTIONS:
Defendant contended that hew as the first car to arrive at the intersection and that it was plaintiff who failed to stop at the stop sign and caused the collision. Defendant further contended that his front-seat passenger, his son, corroborated his account of the accident.
Damages
Monterroso claimed $2,850 in past medical costs and $1,800 in future medical costs. She subsequently asked the jury for $25,000 in total damages, which included property damage, use of damaged property, pain and suffering, and her husband's loss of consortium claim.
Injuries
Monterroso injured her neck, back and right knee. She presented to a chiropractor the day after the accident. She was diagnosed with soft-tissue strains and sprains to her back and a right knee contusion. She was also diagnosed with post-trauma insomnia, fatigue, anxiety and depression. She treated with her chiropractor for two months. She claimed that she will require physical therapy for her knee and possibly an MRI to assess the severity of her injury. As a result of her knee condition, her mobility had been affected and she claimed she can no longer walk long distances, run or play tennis. The defense disputed the extent of her injuries and argued that her current knee condition was completely unrelated to the contusion she suffered from the accident.
Result
The jury found Layne 100 percent at fault and awarded Monterroso $12,891 in total damages, which included: $2,475 in past medical costs; $1,440 in future medical costs; $5,661 in property damage; $3,000 for past pain and suffering; and $315 for lost use of property.
Deliberation
four hours
Poll
7-1 (liability), 8-0 (damages)
Length
three days
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