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Personal Injury
Auto v. Auto
Rear-End Collision

Mellissa Asmussen v. Jean Oidem

Published: Apr. 4, 1998 | Result Date: Oct. 2, 1997 | Filing Date: Jan. 1, 1900 |

Case number: 752805 Verdict –  $0

Judge

Joseph F. Biafore Jr.

Court

Santa Clara Superior


Attorneys

Plaintiff

Steven R. Levy


Defendant

Daniel R. Kirwan


Experts

Plaintiff

Keith R. Sanders
(medical)

Defendant

Daniel S. Girvan
(technical)

Facts

On Oct. 17, 1994, plaintiff Mellissa Asmussen, a 42-year-old marketing director, was traveling on a 2-lane roadway when she stopped her vehicle. The plaintiff claimed her vehicle was rear-ended by defendant Jean Oidem's vehicle, which moved her vehicle 15 to 20 feet. The plaintiff brought this action against the defendants based on a negligence theory of recovery.

Settlement Discussions

The plaintiff made a settlement demand for $15,000. The defendant made a C.C.P. º998 offer of compromise for $3,007, reduced to $500.

Specials in Evidence

$7,000 (reduced to $4,000 by motion in limine)

Injuries

The plaintiff claimed she suffered aggravation of an underlying asymptomatic condition, resulting in neck, back and hand injuries.

Other Information

The verdict was reached approximately two years after the case was filed. ARBITRATION: An arbitration was held on Aug. 13, 1996, before Doris Squeri, resulting in an award of $15,000. The defendant requested a trial de novo. POST TRIAL MOTIONS: The plaintiff's motions for a new trial and judgment nothwithstanding the verdict were denied.

Deliberation

½ hours

Poll

12-0

Length

four days


#113995

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