Dilia Silva v. Linda and Peter Araujo, et al.
Published: Nov. 11, 1995 | Result Date: Sep. 13, 1995 | Filing Date: Jan. 1, 1900 |Case number: 728905 – $0
Judge
Court
Santa Clara Superior
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Doan-Trang T. Nguyen
(medical)
Thomas Abel
(medical)
Emeka Nchekwube
(medical)
Defendant
Thomas A. Kula
(medical)
Facts
On February 12, 1992, Plaintiff Dilia Silva, a 45-year-old legal secretary, was traveling westbound on Taylor Street and came to an abrupt stop due to an accident ahead. Defendant Linda Araujo was operating her automobile behind Plaintiff and was unable to stop before striking Plaintiff's vehicle.
Settlement Discussions
Defendant contends she made a 998 offer of $10,000 increased to $25,000 and Plaintiff made a 998 demand of $100,000 increased to $150,000.
Specials in Evidence
$20,000 $10,000
Damages
Property damage to Plaintiff's Ford Ranger was approximately $6,000. Defendant's BMW 325 sustained approximately $4,000 property damage.
Injuries
Plaintiff claimed C5-6 herniation resulting in a free-floating fragment of disc material that tore the dura, resulting in loss of cerebral fluid and requiring surgical fusion; residual shoulder and right upper extremity pain and discomfort.
Deliberation
2 hours
Poll
9-3 liability, 11-1 causation
Length
5 days
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