Eschardies v. Beam
Published: Mar. 28, 1998 | Result Date: Feb. 5, 1998 | Filing Date: Jan. 1, 1900 |Case number: 95AS06695 Verdict – $0
Court
Sacramento Superior
Attorneys
Plaintiff
Defendant
Walter H. Loving III
(Wilcoxen Callaham)
Experts
Plaintiff
Victoria Tutak
(medical)
Defendant
Jennifer L. Martin
(medical)
Kenneth W. Heichman
(technical)
Facts
On Dec. 3, 1994, plaintiff, a 30-year-old sales manager, was driving on Sunrise Boulevard in Sacramento when she was rear-ended by the defendant. The plaintiff, a resident of Southern California, was in Sacramento on business. The plaintiff initiated treatment with Dr. Victoria Tutak, a chiropractor, 11 days after the accident. Her treatment continued for approximately four months. The plaintiff brought this action against the defendant based on a negligence theory of recovery. The defendant admitted liability.
Settlement Discussions
The plaintiff made a settlement demand for $8,960 (arbitration award). The defendant made a C.C.P. º998 offer of compromise for $5,001.
Specials in Evidence
$4,940
Damages
The plaintiff asked for a verdict in the amount of $17,500.
Injuries
The plaintiff claimed soft tissue neck and back strain; and headaches.
Other Information
The verdict was reached approximately two years and two months after the case was filed. ARBITRATION: An arbitration was held which resulted in an award of $89,960 to the plaintiff. The defendant requested a trial de novo. EXPERT TESTIMONY: Per defendant, Dr. Jennifer Martin, a chiropractor, testified the chiropractic treatment was excessive and not justified. In addition, defendant's accident reconstructionist, Kenneth Heichman, testified the impact occurred at approximately 5 mph.
Deliberation
21/2 hours
Poll
10-2
Length
three days
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