Kenneth Bowers, Mitz Bowers v. Rory Roberts, Diane Roberts
Published: Dec. 21, 2004 | Result Date: Jul. 27, 2004 | Filing Date: Jan. 1, 1900 |Case number: 02AS02762 Verdict – $12,500
Judge
Court
Sacramento Superior
Attorneys
Plaintiff
Defendant
Jeremy M. Jessup
(Dolan Law Firm PC)
Experts
Plaintiff
Franklin Chinn
(medical)
Mark Bainer
(medical)
Defendant
Mark E. Hambly
(medical)
Facts
Kenneth Bowers was driving on Riego Road in an unincorporated part of Sutter County. He reached an intersection where Rory Roberts struck him with his pick-up truck. Bowers saw Roberts, but assumed he would yield before turning. Bowers and his wife sued Roberts and his wife, Diane Roberts, who was a co-owner of the pick-up truck, for negligence. Bowers was acting in the course and scope of his employment as a surveyor for Sacramento County when the accident occurred. He filed a workers' compensation claim. The defendants admitted fault, but argued that the plaintiff sustained only soft-tissue injuries based on an independent medical examiners evaluation of the MRI results.
Settlement Discussions
The plaintiff demanded $45,000. The defendant offered $5,001 excluding the workers' compensation lien.
Specials in Evidence
$6,021.35 $27,809 $12,500
Injuries
The plaintiff claimed lower back injuries. He received chiropractic care which improved his condition, but suffered a flare-up after walking an entire day. An MRI was performed and revealed a 6 mm posterior disc protrusion.
Result
$12,500
Deliberation
eight hours
Poll
8-2
Length
four days
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