Kelly McGill, Matthew Harding v. Hendrick Vanbrundt
Published: Nov. 10, 2012 | Result Date: Sep. 12, 2012 | Filing Date: Jan. 1, 1900 |Case number: 37-2011-00085268-CU-PA-CTL Verdict – Defense
Court
San Diego Superior
Attorneys
Plaintiff
Philip W. Ganong
(Ganong Law Office)
Defendant
J. Ross Peabody
(Law Offices of Michael E. H. Anderson)
Experts
Plaintiff
Stephen A. Blewett
(technical)
Ramin Raiszadeh
(medical)
Robert Mason
(medical)
Defendant
Stephen L.G. Rothman M.D.
(medical)
Stephen L. Plourd
(technical)
Raymond M. Vance M.D.
(medical)
Facts
On Jan. 21, 2011, driver Kelly McGill tried to make a left turn onto Fordham Street in San Diego. Matthew Harding was sitting in her front passenger seat. While entering an intersection, the left-front corner of McGill's car crashed into the left-front corner of Hendrick Vanbrundt's car. McGill and Harding filed a lawsuit against Vanbrundt.
Contentions
PLAINTIFF'S CONTENTIONS:
Plaintiffs alleged that Vanbrundt drove his vehicle in a negligent manner because he ran a red light while McGill drive into the intersection with a green arrow.
DEFENDANT'S CONTENTIONS:
Defendant argued that both McGill and himself had green lights allowing them to proceed into the intersection. He claimed that McGill negligently turned left and should have yielded to approaching vehicles.
Settlement Discussions
Plaintiffs demanded $80,000 and Vanbrundt offered $37,000.
Damages
McGill sought $31,000 for past medical costs, $1,400 per year for future costs, and $5,000 per year for loss of earning capacity. Harding asked for $32,000 in past medical costs, $1,400 per year for conservative care, and $5,000 per year for loss of earning capacity.
Injuries
Plaintiffs' injuries included back and neck injury, exacerbated degenerative disc condition, epidural injections, soft tissue injury, stenosis, strains, and sprains. McGill and Harding received chiropractic treatment and McGill received physical therapy.
Result
The jury's verdict favored the defense.
Deliberation
three hours
Poll
9-3
Length
eight days
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