Linda Ashlock v. Charles Luong, Linh Banh
Published: Apr. 22, 2003 | Result Date: Mar. 3, 2003 | Filing Date: Jan. 1, 1900 |Case number: 010016272 Verdict – $0
Judge
Court
Alameda Superior
Attorneys
Plaintiff
Jonathan M. Brand
(Law Offices of Jonathan M. Brand)
Defendant
Experts
Plaintiff
Hans Freericks
(medical)
Defendant
Kevin D. Harrington
(medical)
Facts
The plaintiff, a 38-year-old female, alleged that the defendant Charles Luong negligently struck her vehicle while making a U-turn in the middle of the block of Northport Loop Road in Fremont. The defendant's 1998 Toyota Corolla hit the driver-side door of the plaintiff's 1994 Ford T-bird. The defendant, Linh Banh, named as the owner of the Corolla was dismissed from the case.
Settlement Discussions
The plaintiff submitted a C.C.P. Section 998 demand of $7,500; the defendant offered by way of C.C.P. Section 998, $6,400.
Injuries
The plaintiff claimed soft tissue injuries to her neck, back and arms. She had signed a note at the scene of the accident in which she had indicated that she did not suffer from any bodily injury. Several hours later, however, she began to experience problems. The plaintiff did not submit any medical bills and sought compensation only for pain and suffering. The defendant's expert testified that the plaintiff had only subjective complaints with no objective signs of injury.
Result
The jury found that the defendant was negligent but did not find that the negligence was a cause of the injury to plaintiff.
Deliberation
two hours
Poll
11-1 (negligence and causation)
Length
three days
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