Lindsay Brazil v. Clark D. Russell
Published: Sep. 26, 1998 | Result Date: May 7, 1998 | Filing Date: Jan. 1, 1900 |Case number: 94CV1757 Verdict – $0
Judge
Court
El Paso District
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Laura Feldman
(medical)
Cheri Dussault
(medical)
Timothy Haller
(medical)
Mark Magdanz
(medical)
Edward Rusch
(technical)
Defendant
Henry Roth
(medical)
Facts
On Aug. 17, 1992, plaintiff Lindsay Brazil, a 38-year-old massage therapist, was stopped in the left lane of Highway 24 when an El Paso County Sheriff Deputy's vehicle, with its lights on, backed from the right shoulder into both the right and left lanes, before completing the backing maneuver behind a vehicle stopped on the right shoulder. Defendant Clark Russell claimed that by the time he realized the plaintiff's vehicle was going only 0 to 10 miles per hour in the left through lane with no brake lights showing, he was unable to avoid hitting the left rear of plaintiff's car. The defendant said that he had braked and attempted to steer left around the plaintiff's vehicle. The plaintiff brought this action against the defendant based on negligence.
Settlement Discussions
The plaintiff made a settlement demand for $37,500. The defendant made a statutory offer of $9,000, increased to a statutory offer of $10,000.
Specials in Evidence
$45,000 $_________ $_________
Injuries
The plaintiff alleged injuries to the neck, shoulders, low back, right and left arms and wrists; and some facial pain.
Other Information
The verdict was reached approximately three years and eight months after the case was filed.
Length
three days
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