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Personal Injury
Auto v. Auto
Broadside Collision

Fred M. Bay v. Dana Dehart and Kenton Dehart

Published: Apr. 4, 1998 | Result Date: Jan. 7, 1998 | Filing Date: Jan. 1, 1900 |

Case number: 760010 Verdict –  $2,620

Judge

Jack V. Komar

Court

Santa Clara Superior


Attorneys

Plaintiff

Gregory D. Hull


Defendant

Robert A. Nakamae


Experts

Plaintiff

J. Mayfield Harris
(medical)

Defendant

David S. Burton
(medical)

Facts

On Aug. 13, 1995, plaintiff Fred M. Bay, a 39-year-old airline manager, was traveling southbound on Magdalena near the parking lot exit of a local church at 20 mph in the left lane. The plaintiff alleged he saw the defendant Dana Dehart's vehicle stopped at the parking lot exit. As he passed the exit, the defendant driver suddenly began her turn and struck the passenger side of the plaintiff's vehicle with her vehicle. The plaintiff brought this action against the defendants based on a negligence theory of recovery.

Settlement Discussions

The plaintiff made a C.C.P. º998 settlement demand for $50,000, reduced to $42,000. The defendants made a C.C.P. º998 offer of compromise for $9,001, reduced to $8,000.

Specials in Evidence

$3,369

Injuries

The plaintiff claimed he suffered a lumbar strain.

Other Information

ARBITRATION: An arbitration was held which resulted in an award of $18,500. The plaintiff requested a trial de novo. POST TRIAL MOTIONS: The plaintiff has filed a motion for a new trial.

Deliberation

45 minutes

Poll

11-1

Length

three days


#113996

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