Bon Hau v. Robert Ramirez
Published: Nov. 9, 2004 | Result Date: Jun. 19, 2004 | Filing Date: Jan. 1, 1900 |Case number: 03C0261 Verdict – $7,860
Judge
Court
Kings Superior
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
London Jones
(medical)
Defendant
Craig S. Little
(medical)
Facts
On Aug. 9, 2002, the plaintiff Bon Hau, a 26-year-old printing press operator, was driving his vehicle south on I-5 near Kettleman City. He was traveling at approximately 65 mph when traffic began to slow because of a single-vehicle rollover accident that had occurred on the road's shoulder. After slowing his vehicle to approximately 20 mph, he was rear-ended by a vehicle driven by Robert Ramirez. The plaintiff sued for negligence. The defendant admitted partial liability but asserted that the plaintiff bore some responsibility for rubbernecking while passing the rollover.
Settlement Discussions
The plaintiff demanded $9,999. The defense offered $6,500.
Specials in Evidence
$4,860
Injuries
The plaintiff claimed soft-tissue cervical, thoracic and lumbar strains. Four days after the accident, he received chiropractic care. The defense chiropractic expert claimed that the plaintiff suffered a soft-tissue cervical sprain only and that the treatment was excessive. The defense expert opined that the medical expenses should have been between $875 and $1,366 only.
Result
The jury found for the plaintiff and awarded him $4,860 (economic damages) only.
Other Information
The plaintiff filed a motion for new trial or additur. The court found the damages inadequate as a matter of law and decided to grant a new trial on all issues or allow the defendant to accept an additur of $3,000 for pain and suffering. The defendant accepted the $3,000 additur. Both sides agreed, bringing the total award to $7,860. The plaintiff requested $2,223 in costs. The defendant's motion to tax costs reduced the cost bill to $1,952.
Deliberation
45 minutes
Poll
12-0
Length
two days
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