Penny Mulligan, Geoffrey Mulligan v. Diedre Jane Davis
Published: Aug. 26, 2003 | Result Date: Jun. 4, 2003 | Filing Date: Jan. 1, 1900 |Case number: 2001035523 Verdict – $200,000
Judge
Court
Alameda Superior
Attorneys
Plaintiff
Warren R. Paboojian
(Baradat & Paboojian Inc.)
Defendant
Experts
Plaintiff
Rene A. Castaneda
(technical)
Robert D. Byers
(medical)
John R. Brault M.S.
(technical)
Ted Vavoulis
(technical)
Peter J. Mandell
(medical)
Rick A. Sarkisian
(technical)
Defendant
DeWitt B. Gifford
(medical)
Facts
Plaintiff Penny Mulligan was a sales representative for Siemens Corp. On June 14, 2001, the plaintiff was driving during the course and scope of her employment when she was rear-ended by defendant Diedre Davis at Blithedale and Lomita Avenues in Mill Valley. According to plaintiff's experts, plaintiff was rear-ended by the defendant at approximately 10 mph allegedly causing plaintiff to re-injure a previously injured disc. The defendant denied causation and claimed that at 10 mph the impact could not have caused plaintiff's injuries.
Settlement Discussions
The plaintiff demanded the $35,000 policy limit six months prior to trial. On the first day of trial, the policy limits were tendered but rejected by the plaintiff. The defendant made no offer.
Specials in Evidence
$40,000 $100,000 $20,000
Injuries
The plaintiff claimed she re-injured the spine where she had a previous diskectomy at C4-5 and six levels. Two years prior to this collision, the plaintiff had a diskectomy and fusion at C4-5 and C6 levels as the result of a water-skiing accident. Prior to the collision, plaintiff was asymptomatic of any pain and had returned to full-time work. As a result of the impact, about six months thereafter, the plaintiff had a subsequent surgery whereby her C4, 5, and 6 were refused and additional plates were inserted into her neck to stabilize her condition. She had approximately $40,000 in medical expenses. The plaintiff also claimed that as a result of the automobile collision, she missed nearly one year of work and had an undetermined amount of future wage loss.
Other Information
The plaintiff was awarded $40,00 in past pain and suffering.
Deliberation
six hours
Length
eight days
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