Tammra Borrall v. Renee Simone
Published: Jun. 16, 2012 | Result Date: May 11, 2012 | Filing Date: Jan. 1, 1900 |Case number: SCV-249548 Verdict – $13,547
Court
Sonoma Superior
Attorneys
Plaintiff
Brian D. Boydston
(Pick & Boydston LLP)
Defendant
Philip A. Segal
(Kern, Segal & Murray)
Experts
Defendant
Floyd Fortuin
(medical)
Facts
Tammra Borrall, a realtor, was driving on State Route 12 when Renee Simone struck her head-on as Simone was making a left turn from the side of the road. Borrall went to the emergency room, was treated at a later date by a doctor at Kaiser, and had 38 subsequent chiropractic and massage treatments.
Contentions
PLAINTIFF'S CONTENTIONS:
Borrall contended that she could not work for a limited period, causing her to lose a commission worth $12,675. She also claimed that she could not hike or perform strenuous physical exercise. Borrall alleged damages of $11,300 for past medical costs, $20,000 for her pain and suffering, and $12,675 for past-lost earnings.
DEFENDANT'S CONTENTIONS:
Simone admitted liability, but contended that Borrall underwent excessive medical treatment because her injuries were not serious. Borrall should have had only 8 chiropractic treatments. Defendant contended Borrall's total damages award should be only $11,824.66, including $1,400 for lost earnings and $5,000 for pain and suffering.
Specials in Evidence
Borrall claimed $12,675 in past-lost earnings.
Injuries
Borrall suffered soft tissue injuries, back pain, neck pain, and a bruised chest.
Result
Verdict in the amount of $13,547, including $6,447 in past medical costs, $2,100 in past-lost earnings, and $5,000 in past pain and suffering.
Deliberation
three hours
Poll
9-3
Length
three days
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