Brenda Noonkester v. Richard Ramos, Rita Ramos
Published: Aug. 26, 2003 | Result Date: May 30, 2003 | Filing Date: Jan. 1, 1900 |Case number: CECG01648 Verdict – $22,084
Judge
Court
Fresno Superior
Attorneys
Plaintiff
Warren R. Paboojian
(Baradat & Paboojian Inc.)
Defendant
Experts
Plaintiff
Steve Mamigonian
(medical)
Geoffrey M. Miller M.D.
(medical)
James Nugent
(medical)
Defendant
Kurt V. Miller M.D.
(medical)
H.B. Morgan
(medical)
Facts
On June 15, 2000, plaintiff Brenda Noonkester, a 41-year-old custodian, was driving her 1994 Geo Tracker on Olive Ave. in Fresno. At the same time, defendant Richard Ramos, who was driving a 1993 Honda Civic co-registered to defendant Rita Ramos, failed to yield the right-of-way and struck plaintiff's Geo totaling the vehicle. Speed at impact was 35 mph. The plaintiff sued the defendants, alleging vehicular negligence. The defendants admitted liability but disputed damages. The defendants contended that the plaintiff had pre-existing neck and shoulder complaints and that this accident caused a temporary exacerbation of her prior complaints.
Settlement Discussions
Demand: $25,000 (per plaintiff's counsel); $30,000 policy limits (per defense counsel). Offer: $7,000 (per plaintiff's counse); $7,500 (per defense counsel).
Specials in Evidence
$7,084
Injuries
The plaintiff claimed she sustained a left shoulder impingement and soft tissue injuries to her neck and back. Her medical experts stated that the plaintiff's injuries were related to this automobile accident and that shoulder surgery would be required. The plaintiff claimed past medical expenses and damages for pain and suffering.
Other Information
After the verdict, the parties agreed to settle the case for $25,399.
Deliberation
four hours
Length
four days
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