Ona Reiter, Teresa Nelson v. Dubois Chemicals, Dubois Chemicals Inc., Gelco Co., Johnson Diversey Inc., Keith Kirby
Published: Aug. 16, 2008 | Result Date: Mar. 10, 2008 | Filing Date: Jan. 1, 1900 |Case number: CV021637 Verdict – $208,544
Court
San Joaquin Superior
Attorneys
Plaintiff
Defendant
Sharon L. Hightower
(Ericksen, Arbuthnot, Kilduff, Day & Lindstrom)
Experts
Plaintiff
Robert L. Weinmann
(medical)
James B. Reynolds
(medical)
Sigmund Bervan
(medical)
Ronald Greenwald
(medical)
Defendant
Peter Solomon
(medical)
Toby Gloekler
(technical)
Facts
On Aug. 31, 2002, plaintiff Teresa Nelson, unemployed and in her 30s, was riding as a passenger in a car driven by plaintiff Ona Reiter. Plaintiffs were rear-ended by defendant Keith Kirby when traffic on Interstate 205 suddenly slowed. At the time of the accident, plaintiff Reiter was driving a rental car that sustained $1,500 in damages. The defendant was driving a car leased by his employer, defendant Johnson Diversey Inc. In the subsequent lawsuit, defense counsel did not contest liability.
Settlement Discussions
Demand of $3,409,872.
Specials in Evidence
Plaintiffs also sought lost earnings. Plaintiff Nelson claimed her injuries forced her to be unemployed for almost eight years. Because she would no longer be able to work as a photographer, she sought $15,600 in vocational training damages so that she could work toward a new profession.
Damages
Damages were also sought for pain and suffering.
Injuries
Plaintiff Nelson complained of neck as well as back pain. She underwent chiropractic and neurological treatment. Plaintiff eventually underwent neck surgery for a herniated disc and spinal fusion surgery.
Result
Plaintiff Nelson was awarded $208,544.
Other Information
Post trial, plaintiffs filed a motion for new trial. Plaintiffs sought fees and costs per CCP 998 offer. The parties settled for $270,000.
Deliberation
one day
Poll
11-1 (past medicals), 12-0 (future medicals and future lost earnings), 9-3 (past wage loss and future pain and suffering)
Length
two weeks
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