Richard Birch v. Julia Solis
Published: Oct. 13, 2007 | Result Date: Mar. 26, 2007 | Filing Date: Jan. 1, 1900 |Case number: 04AS03905 Settlement – $450,000
Court
Sacramento Superior
Attorneys
Plaintiff
Defendant
Ross R. Nott
(Spinelli, Donald & Nott)
Experts
Plaintiff
Wilson C. Hayes
(technical)
Paul F. Whiting
(technical)
Anthony F. Bellomo
(medical)
Carol R. Hyland M.A.
(technical)
Christopher O. Neubuerger
(medical)
Vanburen R. Lemons
(medical)
Chris Bambus
(medical)
Arthur Dublin
(medical)
Defendant
Ronald F. Dugger
(medical)
Richard Latchaw M.D.
(medical)
Thomas C. Christensen
(technical)
Elizabeth Ciaccio
(medical)
Sean Shimada
(technical)
Facts
In April 2004, plaintiff Richard Birch was driving southbound on Zinfandel Drive. Defendant Julia Solis was driving northbound on the same street and tried to turn left into a shopping center parking lot. Plaintiff alleged that defendant made the left turn as plaintiff approached with his vehicle, thereby blocking plaintiff's right-of-way in violation of California Vehicle Code Section 21801A. Both cars were totaled in the accident.
The investigating police officer's report stated that although defendant admitted she did not see plaintiff's vehicle approaching, she denied liability for the collision.
Specials in Evidence
The plaintiff sought over $100,000.
Injuries
The plaintiff injured his neck and lower back, and experienced numbness and tingling in his legs.
Result
The parties reached a $450,000 settlement. Defendant's insurer, Allstate, had previously refused to pay defendant's $50,000 policy limit. Allstate conceded the policy limit was "uncapped."
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