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Personal Injury
Auto v. Trailer
Rear-End Collision

White v. Eckert

Published: Apr. 22, 2003 | Result Date: Mar. 3, 2003 | Filing Date: Jan. 1, 1900 |

Case number: GIN017476 Verdict –  $29,220

Judge

Michael M. Anello

Court

San Diego Superior


Attorneys

Plaintiff

Daniel L. Hough


Defendant

Kennett L. Patrick
(Winet, Patrick, Gayer, Creighton & Hanes)


Experts

Plaintiff

Robert Knuff
(medical)

Michelle LaMantia
(medical)

Eugene Vanderpol II
(technical)

Gregory Gerras
(medical)

Defendant

David G. Smith
(medical)

Jonathan A. Schleimer M.D.
(medical)

Peter M. Burkhard
(technical)

Facts

The subject suit concerns a rear-end auto accident. The defendant's tractor trailer struck the rear of the plaintiff's vehicle and pushed it into another vehicle. The defendant admitted liability at the time of the trial.

Settlement Discussions

The defendant offered $150,000. The plaintiff demanded $300,000.

Specials in Evidence

$150,000 $1 million inclusive of future loss of earnings and loss of household services

Injuries

The plaintiff's neck injury required surgery including a diskectomy at C2-3 with a left iliac crest graft and a shoulder arthroscopic surgery to repair a rotator cuff tear post accident. The defendant's experts testified that the surgeries were not related to the motor vehicle accident and that the plaintiff sustained only a temporary aggravation to his pre-existing injuries to his neck and back.

Other Information

The plaintiff's medical expenses were excluded after a motion for directed verdict was made by the defendant. The plaintiff was unable to establish that the medical charges were reasonable within the community.

Deliberation

2.5 days

Length

four days


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