Sandra Smoak v. Jay Var Campbell
Published: Apr. 4, 1998 | Result Date: Jan. 8, 1998 | Filing Date: Jan. 1, 1900 |Case number: 96CI9352 Verdict – $30,000
Judge
Court
Amador Superior
Attorneys
Plaintiff
Alan M. Laskin
(Laskin Balma Attorneys at Law)
Defendant
Experts
Plaintiff
Steven Zineski
(medical)
Hugh Lubkin
(medical)
Defendant
Edward Tapper
(medical)
Facts
On Oct. 24, 1995, plaintiff Sandra Smoak, a 57-year-old homemaker, was a back seat passenger in a vehicle that was rear-ended by defendant Jay Var Campbell's pickup truck. The plaintiff brought this action against the defendant based on a negligence theory of recovery. The defendant admitted liability but disputed damages.
Settlement Discussions
The plaintiff made a C.C.P. º998 settlement demand for $45,000. The defendant made a C.C.P. º998 offer of compromise for $22,000.
Specials in Evidence
$18,000 (per plaintiff); $23,000 (per defendant, including $18,000 in medical and chiropractic treatment plus $5,000 in incidental costs)
Injuries
The plaintiff claimed soft tissue neck and back injuries.
Other Information
The verdict was reached approximately two years and two months after the case was filed. ARBITRATION: An arbitration was held on Aug. 21, 1997, before Glenn Guenard of Mastagni, Holstedt & Chiurazzi resulting in an award of $62,000. EXPERT TESTIMONY: The defendant's expert, Dr. Edward Tapper, testified that the plaintiff's chiropractic manipulation was probably of no aid, and may have prolonged the plaintiff's symptoms.
Deliberation
four hours
Poll
9-3
Length
three days
For reprint rights or to order a copy of your photo:
Email
jeremy@reprintpros.com
for prices.
Direct dial: 949-702-5390