Tonja Freeman v. Melissa Cook
Published: Jan. 19, 2005 | Result Date: Aug. 10, 2004 | Filing Date: Jan. 1, 1900 |Case number: SCV12936 Verdict – $80,000
Judge
Court
Placer Superior
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Bryan Gatterman
(medical)
Patrick Walborn
(medical)
Charles Davis
(medical)
Michael Henry
(medical)
Alan A. Beck
(Law Offices of Alan Beck)
(medical)
Defendant
Donald Freeman
(medical)
Facts
Tonja Freeman was driving a 1997 Ford F150 on Roseville Parkway in Roseville when she was struck broadside by a 2001 Dodge Stratus driven by Michelle Cook as Freeman crossed the intersection with Olympus Drive on a green light. Freeman sued Cook for negligence. Cook admitted liability but disputed the extent of the injuries claimed by Freeman.
Settlement Discussions
The plaintiff made a C.C.P. Section 998 demand of $19,999. The defendant made a C.C.P. Section 998 offer of $10,501.
Specials in Evidence
$9,968
Injuries
Freeman claimed that she suffered from continuing neck pain caused by two small 1-2 mm cervical disc bulges which resulted from ligamentous instability. She claimed that she also suffered from headaches, and that the pain prevented her from completing day-to-day tasks. Cook argued that the six- to seven-month gap in treatment indicated that Freeman was no longer injured. Doctors Gatterman, Davis and Beck testified that the plaintiff would need monthly chiropractic care for the rest of her life. Dr. Henry testified that the plaintiff would require cervical surgery in the future.
Other Information
Farmers Insurance tendered the $100,000 policy limit about a week after the trial in exchange for a waiver of Freeman's costs, which totaled about $24,000.
Deliberation
two days
Length
10 days
For reprint rights or to order a copy of your photo:
Email
jeremy@reprintpros.com
for prices.
Direct dial: 949-702-5390