Bernice Bamberg v. Raymundo Macareg
Published: Jun. 7, 2005 | Result Date: Jan. 19, 2005 | Filing Date: Jan. 1, 1900 |Case number: 103CV001037 Verdict – $5,097
Judge
Court
Santa Clara Superior
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Vidya Parameswaran
(medical)
Douglas George
(medical)
Defendant
Paul J. Mills
(medical)
Facts
Bernice Bamberg, a 58-year-old site director at a child development center, was driving southbound on Senter Road in San Jose. Raymundo Macareg was stopped by the curb on northbound Senter Road. Seeing that Macareg's vehicle was not moving, Bamberg proceeded to make a left turn. At that time, Macareg pulled his vehicle away from the curb and struck the right rear of Bamberg's vehicle. Bamberg sued Macareg, alleging vehicular negligence. The defendant contended that the plaintiff violated his right-of-way by making an unsafe left turn. He argued that the plaintiff was, at the very least, comparatively negligent. The defendant also disputed the nature and extent of the plaintiff's injuries.
Settlement Discussions
The plaintiff demanded $30,000 and the defendant offered $10,000 (C.C.P. Section 998), raised to $12,000 at the settlement conference.
Specials in Evidence
$4,882 $4,054 $5,000
Damages
$9,000 for past pain and suffering; $26,000 for future pain and suffering.
Injuries
The plaintiff claimed she felt pain in her neck, back, chest and knees. She also felt tingling in her feet at the scene of the accident. Her chiropractor testified that she suffered soft-tissue injuries to her neck, mid and lower back. The plaintiff's rheumatologist diagnosed osteoarthritis in the plaintiff's knees and a medial meniscus tear in her left knee.
Result
$1,697 (economic damages); $3,400 (non-economic damages)
Deliberation
five hours
Poll
12-0
Length
four days
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