Donna Lee Facha v. E. David Ascarelli
Published: Apr. 27, 1996 | Result Date: Feb. 6, 1996 | Filing Date: Jan. 1, 1900 |Case number: CV19005 – $0
Judge
Attorneys
Plaintiff
Defendant
Kevin L. Elder
(Penney & Associates)
Experts
Plaintiff
Gordon W. Williams
(medical)
Facts
On January 4, 1993, the plaintiff, Donna Lee Facha, a 50-year-old bookkeeper, was stopped at a traffic signal when her vehicle was struck from behind. The defendant, E. David Ascarelli, drove his into the rear of the vehicle ahead of him and that vehicle was pushed into the plaintiff's vehicle. The plaintiff claimed that she sustained aggravation of a pre-existing condition that she had suffered in a motor vehicle accident on February 12, 1992. The plaintiff brought this action against E. David Ascarelli based on negligence theories of recovery.
Settlement Discussions
The plaintiff made a C.C.P. º998 settlement demand for $12,999. The defendant made no settlement offers.
Specials in Evidence
$1,600 $5,000
Injuries
The plaintiff alleged that she sustained aggravation of soft tissue injuries to her neck and right shoulder requiring chiropractic treatment as a result of the accident.
Other Information
The verdict was reached approximately two years after the case was filed. An arbitration was held on September 14, 1995, before Jess Bedore III resulting in an award for the plaintiff in the amount of $16,500 plus costs. The defendant requested a trial de novo.
Deliberation
45 minutes
Poll
9-3 (no causation), 10-2 (negligence)
Length
1 day
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