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Personal Injury
Auto v. Auto
Rear-End Collision

Brian G. Tobin v. Daisy Ho

Published: May 13, 2003 | Result Date: Mar. 12, 2003 | Filing Date: Jan. 1, 1900 |

Case number: CGC02404924 Verdict –  $5,489

Judge

Paul H. Alvarado

Court

San Francisco Superior


Attorneys

Plaintiff

John J. Farrell


Defendant

Robert M. Maltz


Experts

Plaintiff

Stephen F. Knox
(medical)

Phillip Daugherty
(technical)

Defendant

John O. Missirian
(medical)

Facts

The plaintiff, a 45-year-old painting contractor, was driving his pickup truck in San Francisco. He stopped at an intersection for a red light and was rear-ended by the defendant who was driving a Toyota Camry at approximately 25 to 30 mph. The parties exchanged information and then left the scene. Approximately three hours later, the plaintiff went to the emergency room and the plaintiff later sued the defendant for negligence.

Settlement Discussions

The plaintiff submitted a demand of $100,000 but this was subsequently reduced to $45,000 before trial. According to the defendant, the defendant offered by way of C.C.P. Section 998 $3,360, subsequently raised to $4,000 pre-trial.

Specials in Evidence

$1,039 Initially, the plaintiff claimed $96,000 but this was subsequently reduced to $29,000 prior to trial

Damages

The plaintiff claimed that as a result of the accident, he had to subcontract work out to another subcontractor. The defendant disputed that this was as a result of the accident and that the plaintiff would have had to have utilized the services of that other subcontractor in any event.

Injuries

The plaintiff alleged he sustained a cervical strain with radiculopathy.

Deliberation

two hours

Poll

12-0

Length

three days


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