G. Phillip Castro, Kim Nguyen v. Wayne Balkenhol
Published: Aug. 12, 2003 | Result Date: May 28, 2003 | Filing Date: Jan. 1, 1900 |Case number: DC02424166 Verdict – $15,811
Judge
Court
Santa Clara Superior
Attorneys
Plaintiff
Defendant
Amy R. Carlson
(Carbone, Smith & Koyama)
Experts
Plaintiff
Mark Siemens
(medical)
Defendant
Roger S. Brisbane
(medical)
Facts
The plaintiff students aged 19 and 18 were injured on July 26, 2001 on Highway 237 in San Jose when their 1997 Honda Civic which the plaintiff Castro was driving and in which the plaintiff Nguyen was a passenger, was rear-ended by a 1991 Toyota Previa mini-van driven by the defendant. The defendant admitted liability but contested the amount of treatment and pain and suffering.
Settlement Discussions
The plaintiff Castro demanded $11,500; the plaintiff Nguyen demanded $12,500. The defendant offered $1,090 to Castro and $2,401 to Nguyen. These offers were increased to $5,000 to each plaintiff the day before trial.
Specials in Evidence
$3,868 (Castro); $4,943 (Nguyen)
Injuries
The plaintiff Castro claimed injuries to his head, neck, back and shoulders. The plaintiff Nguyen claimed injuries to her head, neck and back.
Length
three days
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