Amy Caldwell v. Ashleigh Hughes, Brian Lopez, and Does 1 through 50
Published: Oct. 19, 2013 | Result Date: Aug. 28, 2013 | Filing Date: Jan. 1, 1900 |Case number: 34-2009-00064793 Verdict – $679,492
Court
Sacramento Superior
Attorneys
Plaintiff
John N. Demas
(Demas Law Group PC)
Eric J. Ratinoff
(Eric Ratinoff Law Corp.)
Defendant
Facts
On April 16, 2008 at approximately 5:20 p.m., Amy Caldwell was a front seat passenger in defendant Ashleigh Hughes' vehicle. They were involved in a motor vehicle accident on the westbound Mather Field Road on ramp in Rancho Cordova, and Caldwell was seriously injured as a result.
Hughes' father Brian Lopez, was also a named defendant
Contentions
PLAINTIFF'S CONTENTIONS:
Caldwell contended that Hughes had been driving negligent, and had been distracted by a text message when she caused the accident. Plaintiff claimed that defendant was texting while operating her vehicle, and as a result of her inattention, impacted the embankment and then a U-Haul truck.
DEFENDANT'S CONTENTIONS:
Hughes admitted liability but disputed damages.
Settlement Discussions
Hughes' insurance company initially offered $300,000 to settle the case, but that offer was refused.
Specials in Evidence
Past medical damages $137,472 Past wage loss $83,229.00. Future medical care $236,455.00
Damages
According to plaintiff, damages sought totaled $500,000. According to defendants, plaintiff requested $2.8 million in total damages.
Injuries
Plaintiff suffered injuries to her head, neck and back. Plaintiff ultimately required neck surgery consisting of a two level disc replacement.
Result
The jury awarded $679,492 as follows: $137,472 past medical damages; $76,660 past lost earnings; $115,360 future medical costs; $150,000 past non-economic loss; $200,000 future non-economic loss.
Other Information
FILING DATE: Nov. 23, 2009.
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