William Montgomery, Aaron Montgomery v. Shana Lynn Wilkinson
Published: Dec. 6, 2001 | Result Date: Oct. 31, 2001 | Filing Date: Jan. 1, 1900 |Case number: 275011 Verdict – $11,786
Judge
Court
Stanislaus Superior
Attorneys
Plaintiff
Defendant
Experts
Defendant
Brad M. Wong
(technical)
Facts
On Feb. 11, 2000 at approximately 6:10 p.m., the plaintiffs, William Montgomery, 22, and his
younger brother, Aaron Montgomery, 14, were crossing East Orangeburg Avenue at Rimrock
Way, in the City of Modesto, County of Stanislaus. The weather conditions were rainy and the
road was wet. The defendant was driving a 1998 Chevrolet 1500 pick up truck at approximately
30 mph (according to the defendant) eastbound on East Orangeburg Avenue and struck the
plaintiff, William Montgomery while he was attempting to cross the street. The plaintiff, Aaron
Montgomery, witnessed the accident and saw his brother being thrown 20-to-30 feet by the
impact of the truck.
Settlement Discussions
William demanded $25,000 (policy limits); Aaron demanded $5,000. The defendant made no offer.
Specials in Evidence
$6,287 (William); $575 (Aaron)
Injuries
Plaintiff William Montgomery suffered a laceration to the left hand, head, back, neck and injury to the knees. Aaron suffered emotional distress and aggravation of social anxiety disorder.
Other Information
Plaintiff Aaron Montgomery was awarded $1000 in non-economic damages under Dillon v. Legg, and plaintiff Aaron Montgomery was found to be 10-percent contributorily negligent. Defendant Shana Wilkinson was found to be 50-percent negligent
Deliberation
eight hours
Poll
10-2
Length
two days
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