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Personal Injury
Auto v. Auto
Rear-End Collision

Stephanie Young-Birkle v. Fei Du

Published: Feb. 15, 2014 | Result Date: Nov. 20, 2013 | Filing Date: Jan. 1, 1900 |

Case number: CV-G-11-2636 Verdict –  $412

Court

Yolo Superior


Attorneys

Plaintiff

Kelly L. Thomas


Defendant

James L. Nerli


Facts

On Aug. 25, 2010, Stephanie Young-Birkle was driving her car in Woodland, and came to a halt at a red light. At that time, Fei Du's car crashed into the rear of Young-Birkle's car. She sued Du.

Contentions

PLAINTIFF'S CONTENTIONS:
Plaintiff alleged that Du released her foot from the brake in her car, which in turn, made Du's car move forward and hit the rear of plaintiff's car. Plaintiff claimed Du drove negligently.

DEFENDANT'S CONTENTIONS:
Du argued that plaintiff's injuries could not have been as extensive as she claimed, asserting that the crash was not as intense as plaintiff alleged. Defendant argued that plaintiff's statements were too exaggerated in light of the little damage caused to the vehicles.

Settlement Discussions

Plaintiff demanded $4,600 and the defense offered $1,500.

Damages

Plaintiff asked for $19,000, which included $300 due to missed workdays.

Injuries

Plaintiff suffered neck and should injuries. She received massage therapy, physical therapy and electro stimulation.

Result

The jury awarded plaintiff $412, including $121 for a doctor's appointment and $200 in general damages.

Deliberation

two hours

Length

three days


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