James Horton v. Roberto Aguilera-Mendoza, Enrique Tirado, and Does 1 through 20, Inclusive
Published: May 7, 2016 | Result Date: Dec. 2, 2015 | Filing Date: Jan. 1, 1900 |Case number: RG14719755 Verdict – $13,300
Court
Alameda Superior
Attorneys
Plaintiff
Eric S. Ritigstein
(Boxer & Gerson LLP)
Defendant
Amy E. Bracher
(Stratman Patterson & Hunter)
P. Richard Colombatto
(Stratman Patterson & Hunter)
Facts
James Horton sued Roberto Aguilera-Mendoza and Enrique Tirado in connection with a motor vehicle collision that allegedly occurred on May 30, 2013.
Contentions
PLAINTIFF'S CONTENTIONS:
Plaintiff claimed that defendant Tirado rear-ended plaintiff's vehicle. Plaintiff suffered injuries as a result and sued the driver and the owner of the vehicle he was driving for negligence and vicarious liability.
DEFENDANTS' CONTENTIONS:
The collision was allegedly only minor so plaintiff should have returned to work sooner. Defendants also denied plaintiff was injured in the accident.
Settlement Discussions
Horton made a CCP 998 demand of $15,000, which defendants countered with a CCP 998 offer of $4,001.
Damages
Horton missed three months of work as a result of his injury. He sought $2,000 per month in pain and suffering for each of the three months that he missed work. He also sought $6,300 in past wage loss.
Injuries
Horton claimed he injured his back, which he treated with pain medication and physical therapy.
Result
The jury found in favor of Horton and awarded him $6,300 in past lost earnings, and $2,000 per month in pain and suffering for each of the three months that he missed work, as he had requested. He was also awarded $1,000 in future pain and suffering for a total sum of $13,300.
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