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Personal Injury
Auto v. Pedestrian
Parking Lot Accident

Katya Rochell v. Louis William Wilder

Published: Dec. 14, 2004 | Result Date: Sep. 14, 2004 | Filing Date: Jan. 1, 1900 |

Case number: RG03118970 Verdict –  $36,982

Judge

Cecilia P. Castellanos

Court

Alameda Superior


Attorneys

Plaintiff

Ross M. Meltzer


Defendant

Deborah T. Bjonerud
(Jeanette N. Little & Associates)


Experts

Plaintiff

Scott M. Taylor
(medical)

Facts

On Feb. 25, 2003, the plaintiff, Katya Rochell, a retired female in her sixties, had gone to Berkeley High School to attend a disabled swim class. After finishing, she walked into the parking lot where she was struck by a 1999 Mercedes E320 driven by the defendant who was picking up his grandson. The plaintiff sued the defendant and alleged vehicular negligence.

Specials in Evidence

$11,892

Damages

The plaintiff requested general damages of $225,000.

Injuries

Rochell sustained a nondisplaced fracture to her pubic rumus and right tibial plateau. At the time of trial, she was still wheelchair-bound and she claimed that she could not get around in her wheelchair and was totally reliant on paratransit.

Result

The jury found the defendant 90 percent negligent and the plaintiff 10 percent comparatively negligent. Rochell was awarded $11,982 for past medical cost and $25,000 for non-economic damages.

Deliberation

four hours

Length

three days


#116904

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