Paul Braun v. Marchella Jones
Published: Aug. 5, 2003 | Result Date: May 8, 2003 | Filing Date: Jan. 1, 1900 |Case number: IN017766 Verdict – $55,000
Judge
Court
San Diego Superior
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Julie Honaker-Zimmerer
(medical)
Defendant
Aaron Martin
(medical)
William S. Bowman
(medical)
Facts
The plaintiff, a 47-year-old retired naval officer, was rear-ended on the I-5 Freeway by the defendant. His vehicle, a Mazda Miata, spun out and hit the guardrail. He sustained minor injuries. The defendant was drunk at the time of the accident and subsequently pleaded guilty to one count of felony drunk driving. The case was tried as a limited jurisdiction case with a $25,000 cap. At trial, the court refused to allow evidence of the felony conviction for drunk driving and would only allow a stipulation that the defendant was "drunk at the time of the incident." The defendant admitted liability but disputed the nature and extent of the plaintiff's alleged injuries.
Settlement Discussions
The plaintiff made a C.C.P. Section 998 demand of $19,999; the defense offered $7,001.
Specials in Evidence
$60,000 None
Damages
The defense asked the jury to award medical specials of approximately $2,800 plus another $2,000 for pain and suffering.
Injuries
The plaintiff complained of neck pain after the crash and was taken to the emergency room where he was examined and released. He waited a week and then treated with a chiropractor for about two months. At the time of trial, he testified that he had an occasional headache and neck pain twice a month that related to the accident. The plaintiff contended that these continued problems were due to a permanent injury to a ligament in his neck.
Result
$55,000 total: $2,800 (past medical); $7,000 (future medical); $45,200 (pain and suffering)
Other Information
The plaintiff waived Phase II of the trial to determine punitive damages, since the $55,000 verdict was above the $25,000 cap and it would have been pointless to prove any additional damages. Pending a motion for a new trial, the parties settled the case for the amount of the original jury verdict of $55,000 despite the cap.
Poll
12-0 (that defendant's action were malicious)
Length
three days
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