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Personal Injury
Auto v. Auto
Negligence

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

Joel P. Waelty


Defendant

Christopher G. Rudy


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


#105352

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