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Personal Injury
Auto v. Auto

Gerry Hovland v. John McGinnity, et al.

Published: Nov. 4, 2006 | Result Date: Jul. 22, 2006 | Filing Date: Jan. 1, 1900 |

Case number: CV018069 Verdict –  Defense (Camberos); $50,000.

Court

San Joaquin Superior


Attorneys

Plaintiff

Patrick Curry


Defendant

Michael F. Brown

Brett E. Rosenthal


Experts

Plaintiff

Lawrence S. Nordhoff
(technical)

Phillip H. Allman III, Ph.D.
(technical)

Defendant

Peter B. Salamon
(medical)

Rudy Degger
(technical)

Facts

Plaintiff Gerry Hovland was driving through an intersection. His vehicle struck the side of Dede House's car. Thereafter, a car driven by Blanca Camberos struck the rear of plaintiff's car. Plaintiff filed suit against House; the owner of the vehicle the was driving, John McGinnity; and Camberos.

Contentions

PLAINTIFF'S CONTENTIONS:
Plaintiff claimed that House had run a red light. Plaintiff alleged that the impact from Camberos’ car was more severe, and caused his injuries. He also claimed he was unable to work as a result of his injuries.

DEFENDANT'S CONTENTIONS:
None

Settlement Discussions

Plaintiff demanded $300,000. Camberos offered $8,500, and McGinnity and House offered $20,000.

Specials in Evidence

Plaintiff submitted $30,000 in past medical bills. Plaintiff requested $150,000 in lost income.

Damages

Plaintiff sought $30,000 in general damages.

Injuries

Plaintiff sustained injuries to his neck, back, left shoulder, and left side. He also claimed a torn rotator cuff, which required surgery. He also suffered from headaches, nausea, vertigo, dizziness, anxiety, and emotional distress.

Result

The jury determined that Camberos was not negligent, nor a significant cause of injury to plaintiff. Camberos was awarded costs of $18,685.60. The jury awarded plaintiff $5,000 in past medical costs, $10,000 in lost income, and $30,000 in general damages, totaling $50,000 from House and McGinnity.

Other Information

Plaintiff filed a motion to tax costs.

Deliberation

90 minutes

Poll

11-1

Length

six days


#114527

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