Carol Seigelton v. Giles Construction, Inc., et al.
Published: Apr. 24, 1999 | Result Date: Jan. 29, 1999 | Filing Date: Jan. 1, 1900 |Case number: C321254 – $135,000
Judge
Court
Pima Superior
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Brad Barnett
(medical)
Thomas M. Butler
(Law Offices of Muhar, Garber, Av & Duncan)
(medical)
Robert Crago
(medical)
Michael Duperret
(medical)
Barbara Bode
(medical)
G. Michael German
(medical)
Defendant
Lidia Fortuny
(medical)
Facts
On Aug. 11, 1995, plaintiff Carol Seigelton, a 45-year-old teacher, was rear ended by defendant's pick up truck and propelled forward into the rear of the car in front. Property damage was $7,234.92. Negligence was admitted. The plaintiff braced for the impact by tightly gripping the steering wheel. Her head hit the headrest. She was taken to a hospital emergency room with head, neck and back pain, examined and released. On the way home from the hospital, she was confused and distracted and complained of pain in her hands. The plaintiff brought this action against the defendant based on negligence.
Settlement Discussions
The plaintiff made a settlement demand of $50,000 (disputed). The defendant offered $30,000.
Specials in Evidence
$24,460 (disputed) $1,200 (disputed) $20,000 (disputed)
Other Information
In closing argument, the plaintiff requested her past and future medical bills, her lost income and reasonable compensation for her past and future pain and suffering and disability. The defendant asked them to return a verdict for the defendant since none of the plaintiff's alleged conditions had been caused by the collision. Alternatively, the defendant argued that if an award was made to plaintiff, it should be in the area of $5,000-$6,000.
Deliberation
1 1/2 hours
Length
four days
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