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Personal Injury
Auto v. Auto
Broadside Collision

Cory Fontaine v. Rosline Smith

Published: Jun. 14, 2005 | Result Date: Mar. 23, 2005 | Filing Date: Jan. 1, 1900 |

Case number: WG03126172 Verdict –  $6,640

Judge

Peter A. Smith

Court

Alameda Superior


Attorneys

Plaintiff

Richard W. Meier


Defendant

Cheryl A. Seitz


Experts

Plaintiff

Helmut Relinger
(medical)

Defendant

Bernard S. Rappaport
(medical)

Facts

In November 2002, plaintiff Cory Fontaine, an unemployed 50-year-old woman, was driving in San Leandro when her car was struck by a car driven by defendant Rosline Smith. The defendant was exiting a parking lot when her car hit the front passenger side of plaintiff's car. The plaintiff sued the defendant. The defendant contested damages.

Settlement Discussions

The plaintiff made a demand of $9,000; defendant's offer was $3,868 (C.C.P. Section 998).

Injuries

The plaintiff claimed she sustained soft-tissue back and shoulder injuries, resulting in ongoing pain. She further claimed the accident caused her to suffer from post-traumatic stress disorder. The defendant argued that other events in plaintiff's life, including pre-existing chronic health care problems, played a significant part in plaintiff's PSTD.

Result

The jury awarded plaintiff $6,640 ($4,140 in past medical costs and $2,500 in general damages).

Deliberation

1.5 hours

Poll

11-0 (all issues)

Length

two days


#116583

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