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Personal Injury
Auto v. Auto
Rear-End Collision

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

William G. McDevitt

Sara M. Peters
(Walkup, Melodia, Kelly & Schoenberger APC)


Defendant

Philip A. Segal
(Kern, Segal & Murray)

Tiffany Day


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


#114697

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