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Personal Injury
Auto v. Auto
Driving While Texting

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

Gareth J. Umipeg


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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