Nhon Van Cao v. Karen Martin Sindayen
Published: Dec. 14, 2004 | Result Date: Jul. 21, 2004 | Filing Date: Jan. 1, 1900 |Case number: 02417799 Verdict – $12,000
Judge
Court
Santa Clara Superior
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Tuan H. Ngo
(medical)
Facts
On June 15, 2001, Nhon Van Cao, a 42-year-old printing press operator, was driving his Toyota Camry at 7 p.m. north on Jackson Avenue in San Jose. His two pre-teen sons were his passengers. He stopped at a right-hand turn pocket and waited for eastbound traffic to clear so he could merge. Karen Sindayen was driving her mother's Honda Civic behind Cao and also came to a stop. Sindayen's Civic rear ended Cao's Camry. The Camry sustained major damages and was towed from the scene. Cao and his two sons were injured. Sindayen paid for the total loss of the Camry. However, after Cao and his family moved to the east coast, Sindayen's insurance carrier refused to pay Cao on the bodily injury claims. Cao sued Sindayen for negligence. In the first trial, Cao failed to appear and a jury found in favor of Sindayen after she testified. Because Cao was not present to testify, there was no rebuttal evidence. Cao motioned for a new trial, which was granted. He appeared at the second jury trial and testified. An investigating officer also testified that, in his opinion, Sindayen caused the accident. The defense contended that the plaintiff and his sons were not injured in the accident and if they were injured at all, it would have been minor injuries. The defense also contended that the plaintiff's chiropractic bills were exaggerated and not customary.
Settlement Discussions
The plaintiff demanded $7,000. The defendant offered nothing.
Specials in Evidence
$2,695 $952 $8,353
Damages
$8,353 (general damages)
Injuries
The plaintiff claimed he suffered soft-tissue injuries to his chest, cervical, thoracic and lumbar regions. He received chiropractic treatment. His sons suffered minor soft-tissue injuries to the neck and back and also received chiropractic treatment.
Result
$12,000
Other Information
After Cao's jury verdict award, the defendant also paid on Cao's two son's claims.
Deliberation
two hours
Poll
10-2
Length
three days
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