Maria Gutierrez v. Beverly Hartley, Gary McClellin
Published: Feb. 15, 2005 | Result Date: Nov. 5, 2004 | Filing Date: Jan. 1, 1900 |Case number: 2617642 Verdict – $228,870
Judge
Court
Napa Superior
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Jay M. Levy
(medical)
Michael J. Braun
(technical)
Santi Rao
(medical)
Defendant
Vincent Morgese
(medical)
Toby L. Gloekler P.E., M.ASCE, ACTAR
(technical)
Lawrence M. Elson
(technical)
Darrell Hayes
(medical)
Facts
In June 2001, plaintiff Maria Gutierrez, a 42-year-old house cleaner, was driving in traffic on Highway 29 in Yountville. Her Chevrolet Astro Van was rear-ended by a Honda Civic driven by defendant Gary McClellin. The plaintiff injured her neck, and her car bumper sustained damages of about $1,000. There was no visible damage to the defendant's car. Reconstruction experts for both parties agreed the speed at impact was 10 to 12 mph. The plaintiff sued defendant and Beverly Hartley, the owner of the Honda, for negligence. The defendants asserted that the car accident happened when McClellin's foot slipped off the brake and rolled into the plaintiff's bumper. The defendants claimed the impact was minor or trivial. The defendants admitted negligence but not causation.
Settlement Discussions
The plaintiff made a demand of $100,000. The defendants' offer was $25,000 (C.C.P. Section 998) which was withdrawn after the settlement conference.
Damages
The plaintiff claimed $6,000 in past wage loss. She also sought damages for pain and suffering and future wage loss.
Injuries
The plaintiff claimed she sustained neck injuries, including acute herniated discs at C5-6 and C6-7. Anterior cervical discectomy and fusion was required. The plaintiff's neurology expert opined that the car accident caused this injury. Her medical expenses were $85,000. A defense orthopedic expert testified that the impact was too minor to cause an acute herniated disc. Rather, the herniation was the result of a chronic pathology associated with a preexisting arthritic condition. One of plaintiff's treating neurologists stated that most herniated discs are caused by degenerative changes or some unknown spontaneous event. The plaintiff did not work for six months after her surgery.
Result
The jury found in favor of the plaintiff and awarded her $228,870: $15,000 (future noneconomic loss), $83,870 (past economic loss), $80,000 (future economic loss), and $50,000 (past noneconomic loss).
Deliberation
three hours
Poll
11-1
Length
five days
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