Jose Avalos v. Kimberly Creager
Published: Nov. 23, 2004 | Result Date: Jul. 21, 2004 | Filing Date: Jan. 1, 1900 |Case number: HG03088156 Verdict – $18,843
Judge
Court
Alameda Superior
Attorneys
Plaintiff
John B. Nguyen
(Law Office of George W. Wolff)
Defendant
Marjorie J. Heinrich
(Heinrich Law PC)
Experts
Plaintiff
Stephen B. Berrien
(medical)
Casey R. Johnson
(Aitken Aitken Cohn)
(technical)
Defendant
Rajeev Kelkar Ph.D.
(technical)
Dr. Charles DiRaimondo
(medical)
Facts
Jose Avalos, a 48-year-old union laborer, was the front seat passenger in a Ford Escort traveling on I-880 in Alameda County. The Escort was slowing for traffic when a Ford F-150 pickup truck driven by Kimberly Creager, attempted to slow down. Creager's foot slipped off the brake and onto the gas pedal causing the truck to rear-end the Escort. The impact pushed the Escort into the back of a Nissan Frontier. The Nissan sustained some rear-end damage and Creager's truck sustained moderate front-end damage. The Escort was totaled. Avalos sued Creager, alleging vehicular negligence. Creager admitted liability, but disputed the nature and extent of Avalos' injuries and damage. The defendant contended that the plaintiff complained of neck pain at the scene of the accident, but did not begin complaining of right shoulder pain until more than three months following the accident.
Settlement Discussions
The plaintiff made a C.C.P. Section 998 demand of $250,000. The defendant made a C.C.P. Section 998 offer of $25,000.
Specials in Evidence
$15,000 $550,000
Damages
$565,000 in economic damages.
Injuries
The plaintiff claimed he suffered a cervical strain, ruptured right bicep tendon, slap lesion to his right rotator cuff and a contused rotator cuff. He had two operations on his right shoulder, but continues to have a permanent partial frozen shoulder as a result of his injuries. The plaintiff did concede that his neck sprain had healed.
Result
$18,843
Deliberation
four hours
Poll
10-2
Length
six days
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