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Personal Injury
Auto v. Auto
Negligence

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

Joseph F. Biafore Jr.

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


#114235

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