Peggy McAllister v. Michael R. Levenson
Published: Jun. 18, 2011 | Result Date: Apr. 8, 2011 | Filing Date: Jan. 1, 1900 |Case number: CV085420 Verdict – $2,300
Court
Marin Superior
Attorneys
Plaintiff
Sara M. Peters
(Walkup, Melodia, Kelly & Schoenberger APC)
Defendant
Philip A. Segal
(Kern, Segal & Murray)
Experts
Plaintiff
Gregory Crossman
(medical)
Terrie Carpenter
(medical)
Defendant
Floyd D. Fortuin
(medical)
Facts
Peggy McAllister was driving northbound on Irwin Street in San Rafael on Nov. 8, 2006, when she was rear-ended by a vehicle being driven by Michael Levenson while stopped at a red light.
Contentions
PLAINTIFF'S CONTENTIONS:
McAllister filed suit against Levenson, alleging motor vehicle negligence. McAllister contended that Levenson failed to stop while approaching the red light and was not paying attention while driving.
DEFENDANT'S CONTENTIONS:
Levenson admitted liability, but disputed damages, contending that McAllister did not sustain any serious injuries. Levenson alleged that McAllister's minor injuries resolved after four chiropractic visits.
Damages
McAllister sought $9,000 in damages for past medical costs, $5,000 in wage loss, as well as $25,000-30,000 for pain and suffering. Levenson contended that McAllister's maximum damages should be $4,000 to $5,000 for treatment for her injuries.
Injuries
McAllister claimed injuries to her neck and back, and underwent chiropractic treatment and physical therapy.
Result
The jury awarded McAllister $2,300 in damages.
Deliberation
two hours
Poll
9-3
Length
four days
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