Quan Van Luong, Sophorn Yit v. Barbara Mossmeyer
Published: Nov. 16, 2004 | Result Date: Aug. 9, 2004 | Filing Date: Jan. 1, 1900 |Case number: 03CECG00569 Verdict – $0
Judge
Court
Fresno Superior
Attorneys
Plaintiff
Defendant
Michelle Pepper
(Stammer, McKnight, Barnum & Bailey LLP)
Experts
Plaintiff
John Henderson
(medical)
Defendant
Craig S. Little
(medical)
Facts
Plaintiff Quan Van Luong, 52, was driving a 1994 Honda Civil Del Sol in Fresno near the intersection of West Avenue and Herndon Avenue with passenger plaintiff Sophoron Yit. Traffic was stop and go because of rush hour traffic and construction. After plaintiff Luong came to a complete stop, his car was rear-ended by a 2000 Chevrolet Astro Van driven by defendant Barbara Mossmeyer. The plaintiffs sued defendant for negligence. The defendant admitted fault, but disputed plaintiffs' injuries.
Settlement Discussions
The plaintiffs made a demand of $15,000. The defendant's offer was waiver of costs.
Damages
There was minor damage to plaintiffs' car and no damage to defendant's van.
Injuries
The plaintiffs alleged soft-tissue injuries to their back, neck, shoulders and chest. Two weeks after the accident, they went to chiropractic treatment where they were treated for two months. Plaintiff Luong claimed $2,151 in medical specials and plaintiff Yit claimed $2,361 in medical specials. The defendant asserted it was improbable that plaintiffs would have identical complaints, and that virtually identical treatment was not reasonable or necessary. The plaintiffs' treating chiropractor testified that essentially all car accident patients are treated the same at Central East Chiropractic. Defendant further contended that plaintiff Luong's injuries claimed in interrogatories and in chiropractic records were different than those claimed at deposition. The defense contended that plaintiff Luong did not have pain for a week after the accident.
Result
The jury found for the defense.
Deliberation
one hour
Poll
11-1
Length
four days
For reprint rights or to order a copy of your photo:
Email
jeremy@reprintpros.com
for prices.
Direct dial: 949-702-5390