Deborah A. Smith v. Caroline Vance
Published: Jun. 21, 2005 | Result Date: Nov. 23, 2004 | Filing Date: Jan. 1, 1900 |Case number: 126259 Verdict – $961,562
Judge
Court
Butte Superior
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Jeffrey Grolig
(medical)
Dominque Engel
(medical)
Brent Bills
(medical)
Defendant
Jim Anderson
(medical)
Jamshid Saleh
(medical)
Facts
In 2000, Deborah Smith, a then 34-year-old nurse, was a passenger in a vehicle when it was rear-ended by a vehicle driven by Caroline Vance. The accident occurred on Olive Highway in Oroville. The impact was between 11.7 and 15 mph. Smith sued Vance, alleging vehicular negligence. Vance admitted liability, but disputed causation. The defendant contended that the plaintiff's injuries were caused by a work-related injury. She also contended that only medical specials reflecting the one month of physical therapy should be compensated.
Settlement Discussions
The plaintiff demanded $30,000 (C.C.P. Section 998) and the defendant offered $20,000.
Specials in Evidence
$72,396 $39,932
Damages
$1,200 in damages to the plaintiff's vehicle.
Injuries
The plaintiff claimed she suffered from back and neck spasms. In 2001, she was diagnosed with sciatica on her right side. An MRI showed a herniated disc at L5-S1. The plaintiff had a partial discectomy at L5-S1 which improved her symptoms. In 2003, the plaintiff claimed she was started experiencing sciatic pain again. MRIs revealed herniated discs at two levels and bone spurs impinging into the spinal canal space and depressing the spinal cord. At that time, a two-level anterior fusion was completed at C4-5 and C5-6. This stopped the sciatic pain.
Result
The jury awarded the plaintiff $961,562 ($93,562 economic damages; $140,000 past non-economic damages; $728,000 future non-economic damages). The plaintiff's motion for prejudgment interest was granted and was awarded $256,267.
Other Information
The defendant's motion for new trial was denied. The plaintiff's motion for prejudgment interest was granted and was awarded $256,267. The matter is currently under appeal due to alleged jury misconduct.
Deliberation
1.5 days
Poll
12-0 (on causation of lower back injury), 9-3 (for defense on causation of neck injury), 11-1 (economic damages), 9-3 (non-economic damages)
Length
five days
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