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Personal Injury
Auto v. Auto
Rear-End Collision

Rogelio Valdivia v. Clarence Thomas

Published: Mar. 20, 2010 | Result Date: Dec. 10, 2009 | Filing Date: Jan. 1, 1900 |

Case number: 08CECL07615 Verdict –  $8,969 (plus pre-judgment interest and costs)

Court

Fresno Superior


Attorneys

Plaintiff

David G. Edwards
(Law Office of David G. Edwards)


Defendant

Edgar W. Hawkyard
(Law Office of Catherine A. Walsh)


Experts

Plaintiff

Diego Allende
(medical)

Barbara Fee
(medical)

Defendant

Thomas C. Christensen
(technical)

Sean Shimada
(technical)

Facts

On Feb. 22, 2008, a vehicle operated by defendant Clarence Thomas rear-ended a vehicle operated by plaintiff Rogelio Valdivia near an intersection in Fresno. Valdivia brought an action against Thomas for operation of his vehicle in a negligent manner.

Contentions

PLAINTIFF'S CONTENTIONS:
Valdivia contended that Thomas crashed into his vehicle from behind while he was at a total stop.

DEFENDANT'S CONTENTIONS:
Thomas asserted that Valdivia stopped suddenly after bringing his car into the intersection and that Thomas merely bumped into Valdivia's car.

Settlement Discussions

Valdivia demanded $6,000 and the defense offered $500.

Damages

Valdivia sought $1,337 in medical expenses, $3,142 for physical therapy expenses, and damages for pain and suffering.

Injuries

Valdivia sustained acromioclavicular joint separation, cervical strain, neck injury, and soft-tissue injuries, and required physical therapy.

Result

The jury returned a verdict for Valdivia, awarding him $4,469 in medical costs and $4,500 for pain and suffering. Post-trial, the court granted Valdivia $6,560 in costs and pre-judgment interest.

Other Information

GEICO was an insurer.

Deliberation

1.5 hours

Poll

12-0

Length

four days


#119125

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