Cassidy Lois Marshall v. Amanda Rene Boyett, Melanie Elizabeth Rosario, State of California, Department of General Services, and Does 1 through 20
Published: May 16, 2015 | Result Date: Jan. 12, 2015 | Filing Date: Jan. 1, 1900 |Case number: BC507235 Verdict – Defense
Court
L.A. Superior Central
Attorneys
Plaintiff
Kyle J. Scott
(Kyle Scott Law, PLC)
Defendant
Joel A. Davis
(Office of the Attorney General)
Edward P. Wolfe
(Office of the Attorney General)
Experts
Plaintiff
Stephen Haverkamp
(technical)
Defendant
Jacob E. Tauber M.D.
(medical)
Peter M.W. Dill
(technical)
Facts
Cassidy Lois Marshall sued Amanda Rene Boyett, Melanie Elizabeth Rosario, and the State of California, Department of General Services relating to an automobile accident.
Contentions
PLAINTIFF'S CONTENTIONS:
On October 18, 2012 Marshall, 26, was a passenger in a car driven by Boyett. Boyett drove from a parking lot onto a one way street, attempting to cross all three lanes of the street to reach another street on the other side of the road. Rosario, a DMV employee, was also attempting to turn onto the one way street, but from the DMV parking lot across the street from Boyett. She turned left into the middle lane of the street. Consequently, the vehicles crashed in the middle lane. Marshall contended that she suffered migraine headaches, shoulder, neck, and head injuries. She sued Boyett, Rosario, and the State of California, Department of General Services arguing that Boyett and Rosario negligently operated their vehicles and that the State of California, as Rosario's employer, was vicariously liable.
DEFENDANT'S CONTENTIONS:
Rosario contended that she was not negligent and that Marshall was fabricating or exaggerating her injuries.
Settlement Discussions
Plaintiff made an $84,999 demand and defense offered $15,000.
Damages
Marshall sought $50,000 in damages - $25,000 for past medical expenses and $25,000 for future medical expenses. She also sought damages for past and future pain and suffering.
Injuries
Marshall claimed she suffered from migraines and shoulder and neck pain. She also claimed a cervical disc bulge and bursitis in her left shoulder. She received treatment from a chiropractor, orthopedic doctor, neurologist, pain management doctor and physical therapist. She claimed persistent pain that would require additional treatment.
Result
Marshall and Boyett settled prior to trial. The case proceeded against Rosario and the State. The jury returned a unanimous verdict for the defense, finding that Rosario was not negligent.
Length
four days
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