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Personal Injury
Auto v. Auto
Head-On Collision

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)

Tiffany Day


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


#111451

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