Amanda Bree Barclay v. Daniel Raul Fierro, and Does 1 to 10, inclusive
Published: Feb. 18, 2017 | Result Date: Jan. 11, 2017 | Filing Date: Jan. 1, 1900 |Case number: RIC1508752 Verdict – $17,000
Court
Riverside Superior
Attorneys
Plaintiff
Eric V. Traut
(Traut Firm)
Defendant
Daniel M. Kruid
(Hartsuyker, Stratman & Williams-Abrego)
Experts
Plaintiff
Todd Simpson
(medical)
Facts
On Aug. 25, 2013, defendant Daniel Fierro rear-ended a vehicle and pushed it into plaintiff Amanda Bree Barclay's vehicle. The incident occurred on the 91 freeway in Corona.
Contentions
PLAINTIFF'S CONTENTIONS:
Plaintiff claimed she was injured as a result of the collision caused by defendant, and incurred medical bills.
DEFENDANT'S CONTENTIONS:
Defendant contended the injuries were minor, plaintiff did not seek care for three
weeks, did not have much affect on her life, and treatment was minimal and with a three-year gap.
Settlement Discussions
Plaintiff served a CCP 998 in April 2016, for $8,000. Defendant served a CCP 998 for $5,000.
Specials in Evidence
$1,800 waived
Damages
Plaintiff only claimed non-economic damages, including pain, suffering, inconvenience, and loss of enjoyment of life. The $1,800 in medical expenses was not claimed at trial. Plaintiff asked the jury to award $18,000. Defense asked the jury to award $600-$1,000.
Injuries
Plaintiff, a 35-year-old speech pathologist, sustained soft tissue neck, upper back and left shoulder injuries. Her first treatment was three weeks post-accident. She did not miss time from work. Her treatment included four physical therapy visits in 2013 and then five visits to a chiropractor in 2016.
Result
Plaintiff's verdict for $17,000.
Other Information
Total judgment of $20,260 was paid. This was an Expedited Trial and the first before Judge Ottiolia. MEDIATOR: Susan Nauss. FILING DATE: July 29, 2015.
Deliberation
25 minutes
Poll
6-2
Length
one day
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