David Reed v. Barbara Luksich, Miranda Moore
Published: May 14, 2011 | Result Date: Mar. 18, 2011 | Filing Date: Jan. 1, 1900 |Case number: 109CV141214 Verdict – $3,853
Court
Santa Clara Superior
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Robert L. Weinmann
(medical)
Defendant
Thomas A. Kula
(medical)
Roderick D. Stroud
(technical)
Facts
On Dec. 19, 2007, a vehicle driven by Miranda Moore crashed into the side door of a vehicle driven by David Reed. Reed filed an action against Moore and Barbara Luksich, the vehicle's owner, claiming that she committed motor vehicle negligence.
Contentions
PLAINTIFF'S CONTENTIONS:
Plaintiff alleged that defendant did not see a stop sign, driving into the intersection without stopping.
DEFENDANT'S CONTENTIONS:
Defendants argued that Moore did stop at the stop sign and argued that plaintiff did not pay attention to the fact that Moore was there. Further, defendant argued that the impact of the crash was inadequate for the alleged injury based on velocity.
Damages
Reed sought $41,000 for medical costs, $50,000 for past lost earnings, and $120,000 in future lost earnings. Defendants requested that the award be capped at $1,353.
Injuries
Plaintiff suffered aggravation of a preexisting condition, cervical fusion, and neck injury, and required chiropractic treatment.
Result
The jury awarded plaintiff $3,853, which included past medical costs and past non-economic damages.
Other Information
State Farm insured defendants.
Deliberation
two hours
Length
five days
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