Jeran Urrutia v. Russel Tye
Published: Jun. 11, 2011 | Result Date: Mar. 4, 2011 | Filing Date: Jan. 1, 1900 |Case number: SCV245054 Verdict – $23,548
Court
Sonoma Superior
Attorneys
Plaintiff
Defendant
Guy D. Borges
(McNamara Ney Beatty Slattery Borges & Ambacher LLP)
Experts
Plaintiff
Jack E. Miller
(medical)
Lawrence Lapsley
(medical)
Richard Olcese Psy.D.
(medical)
Todd Weitzenberg
(medical)
Defendant
Joanna L. Berg Ph.D.
(medical)
Robert Duchynski
(medical)
Mark H. Strassberg M.D.
(medical)
William K. Hoddick M.D.
(medical)
Facts
Jeran Urrutia was stopped on an intersection when she was rear-ended by a pickup truck operated by Russel Tye. The impact pushed Urrutia's car into the vehicles ahead of her, causing significant damage. She sued Tye for negligent operation of a motor vehicle. Tye ultimately admitted liability, and the matter proceeded only on the issue of damages.
Damages
Urrutia claimed $20,210 in past medical costs; $17,790 in future medical costs; $191,250 in damages for past pain and suffering, and $410,000 for future pain and suffering. Tye disputed Urrutia's medical claims.
Injuries
Urrutia claimed injuries to her neck, back and head. She was taken to the emergency room by ambulance. She treated with a physical therapist for approximately seven to eight months, followed by five months without treatment before initiating two months of chiropractic care. Urrutia was treated for chronic neck and upper back pain with radiating symptoms of pain, numbness, and tingling into her left arm. An MRI revealed a mild bulging cervical disc. She also claimed to have suffered from a concussion and was now suffering from persistent post-percussion syndrome including problems with memory, concentration, difficulties with speech, and other symptoms. An MRI revealed multiple areas of hyperintensities which could be the result of trauma.
Result
The jury awarded Urrutia $23,548 in damages for past medical costs ($8,548) and past pain and suffering ($15,000).
Deliberation
2.5 hours
Length
nine days
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