Susie Underwood v. Joel Malabuyo
Published: Jul. 29, 2003 | Result Date: May 9, 2003 | Filing Date: Jan. 1, 1900 |Case number: CV799823 Verdict – $66,826
Judge
Court
Santa Clara Superior
Attorneys
Plaintiff
Scott Seabaugh
(Seabaugh Law Office)
Defendant
Anthony F. Pinelli
(Williams, Pinelli & Cullen LLP)
Experts
Plaintiff
Ray Mystry
(medical)
Rajan Perkash
(medical)
Defendant
Gordon L. Levin M.D.
(medical)
Facts
The plaintiff, a 42-year-old customer service representative, was injured when her vehicle was rear-ended on Highway 280 by the defendant who had fallen asleep while at the wheel of his vehicle.
Settlement Discussions
The plaintiff submitted a C.C.P. Section 998 demand of $25,000 (policy limits); the defendant offered, after jury selection, $17,000. Judgment satisfied in full by defendant's carrier Allstate. Judgment including cost and interest exceeded $75,000.
Specials in Evidence
$14,326
Injuries
The plaintiff contended that she suffered an aggravation of a degenerative disc disease which will be problematical for the rest of her life. The defendant argued that the plaintiff suffered merely a strain that was resolved in four months.
Length
three days
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