Lori White, Adam White v. Daniel Kaestner, VPSI Inc.
Published: May 30, 2009 | Result Date: Mar. 9, 2009 | Filing Date: Jan. 1, 1900 |Case number: 05AS04790 Verdict – Defense
Court
Sacramento Superior
Attorneys
Plaintiff
Defendant
Douglas A. Sears
(Matheny, Sears, Linkert & Jaime LLP)
Jeremy M. Jessup
(Dolan Law Firm PC)
Experts
Plaintiff
Allen C. Hassan
(medical)
Steven Johnson
(technical)
Carol R. Hyland M.A.
(technical)
Carl Shin
(medical)
Philip J. Orisek M.D.
(medical)
Makram Samaan
(medical)
Pasquale X. Montesano
(medical)
Bahram Ravani
(technical)
David Chan
(medical)
Richard Taggert
(medical)
Robert M. Schick M.D.
(medical)
Mia Smitt
(medical)
Defendant
Richard S. Barnes C.P.A, A.B.V., C.F.F.
(technical)
Kenneth W. Heichman
(technical)
George Picetti
(medical)
Michael Reid
(medical)
Joseph McCoy
(medical)
Michael O'Brien
(technical)
Bernard Rappaport
(medical)
Sean Shimada
(technical)
Facts
On Oct. 31, 2003 at around 4:30 p.m., plaintiff Lori White, 32, and defendant Daniel Kaestner were involved in a car accident in Sacramento. White was leaving a parking lot and turning left on Auburn Boulevard. Kaestner, also trying to make a left turn from the parking lot, struck White's car on the front driver's side panel. White filed suit against Kaestner and his vehicle's owner, VPSI Inc. for motor vehicle negligence.
Contentions
PLAINTIFF'S CONTENTIONS:
The plaintiff contended that defendant struck her after she was already in place to make a left turn for about one minute.
DEFENDANTS' CONTENTIONS:
Defendant Kaestner contended that plaintiff made a wide left turn from the number one lane and not from the left-turn lane, thus driving into his path.
Settlement Discussions
The plaintiff demanded $1,900,000. The defendants offered $475,000.
Damages
The plaintiff requested $3.14 million for past and future medicals, lost wages plus pain and suffering. This also included plaintiff's husband's consortium claim. The defendants contended that plaintiff's injuries existed prior to the accident and that the impact of the collision was too minimal to cause the claimed injuries. The defendants further argued that if causation was shown, the prior fusion surgery was an unnecessary procedure.
Injuries
The plaintiff claimed injuries, which included a herniated disc at C6-7, slap lesion tear, and rotator cuff tear. She had unsuccessful fusion surgeries and claimed her injuries were permanent. She also contended that future shoulder surgery would be required. Plaintiff's husband, Adam White, a 33-year-old carpenter, claimed loss of consortium.
Result
Defense verdict. The jury found liability but no causation as to plaintiff's injuries.
Other Information
The defendants' filed a motion for costs in the amount of $128,000.
Deliberation
2.5 hours
Poll
9-3
Length
10 days
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