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Personal Injury
Auto v. Auto
Rear-End Collision

Karen Murphy v. Dale Roberts, Shannon Wiser

Published: Jul. 8, 2003 | Result Date: Jan. 31, 2003 | Filing Date: Jan. 1, 1900 |

Case number: C0104491 Verdict –  $10,000

Judge

Steven K. Austin

Court

Contra Costa Superior


Attorneys

Plaintiff

Howard Mencher
(Law Offices of Howard Mencher)


Defendant

Paul Alan Silver


Experts

Plaintiff

Brian Steber
(medical)

Defendant

Rajeev Kelkar Ph.D.
(technical)

Kenneth S. Zelinger
(medical)

Facts

The plaintiff, a 53-year-old self employed cosmetologist was rear-ended while driving on Highway 4, west of the Sommersville exit in Contra Costa. She was at the wheel of her 1991 Ford Bronco and was rear-ended by the defendant Roberts in a 1993 Geo Storm owned by the defendant Wise. The speed at impact was between 8-10 mph. The plaintiff contended the speed of impact was greater than 8-10 mph. The defendant Geo Storm vehicle was totaled by the impact. The defendants conceded liability but contested damages.

Settlement Discussions

The plaintiff demanded $40,000; the defendants offered $12,500 by way of C.C.P. Section 998, and this was raised to $20,000 before trial.

Specials in Evidence

$4,800 $1,670

Injuries

The plaintiff sustained soft tissue injuries to her back, neck, shoulders and chest. She complained of headaches. She underwent a course of physical therapy and several Cortisone injections and had ongoing pain.

Other Information

At an arbitration before trial, the plaintiff received an award of $56,877 plus costs. The defendants rejected the award and requested trial de novo.

Poll

12-0

Length

three days


#107433

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