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
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