Erik Fuerstenberger, Wendi Fuerstenberger v. Kathy Watts
Published: Oct. 8, 2005 | Result Date: Aug. 2, 2005 | Filing Date: Jan. 1, 1900 |Case number: SCV16071 Verdict – $5,589
Judge
Court
Placer Superior
Attorneys
Plaintiff
Defendant
Victoria M. Yamamoto
(Yempuku, Wetters & McNamara)
Experts
Plaintiff
Carl Neeley
(medical)
Defendant
Susan Bromely
(medical)
Peter N. Sfakianos
(medical)
Facts
On June 28, 2002, plaintiff Erik Fuerstenberger, a Sacramento County sheriff, was driving a Pontiac Grand Am in Roseville. He was off-duty and his wife, Wendi, also a plaintiff, was in the front passenger seat. The plaintiff's car was rear-ended by a sedan driven by defendant Kathy Watts, and was pushed into a sedan in front of him. The plaintiffs sued the defendant for vehicular negligence. The defendant did not contest liability and the trial was on damages only.
Settlement Discussions
Erik made a C.C.P. Section 998 demand of $17,999.99 and Wendi's demand was for $22,999.99. The defendant made a C.C.P. Section 998 offer to Erik of $6,001, and offered Wendi $8,901.
Damages
Erik claimed $4,717 in chiropractor bills and Wendi claimed $6,266 in chiropractor bills. The plaintiffs' counsel sought general damages of $50,000 for Erik and $60,000 for Wendi.
Injuries
The plaintiffs claimed neck, back, and shoulder injuries. They went to their primary care physician and to a single physical therapy session, which was recommended for them. Their primary care physician and physical therapist each told them to return if necessary, but both plaintiffs instead sought treatment from a chiropractor. Erik claimed residual neck and back pain, and he was temporarily placed on light duty. Wendi claimed residual lower back pain and claimed she had difficulty doing her housework. The defendant argued that the plaintiffs' injuries were not serious and if they were, they did very little to mitigate their damages. For example, their primary care physician recommended that they attend several therapy sessions, but they only went to one. The defendant also noted that Wendi was eight-months pregnant at the time of trial and would have had difficulty doing housework even if she had not been in the car accident.
Result
The jury awarded Erik $2,757 and Wendi $2,831 in medical specials. General damages were not awarded. Defense counsel noted that after plaintiffs paid the defense attorney fees and costs, their net verdict was zero dollars.
Deliberation
100 minutes
Length
five days
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