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Personal Injury
Auto v. Auto
Left Turn Collision

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

Hank G. Greenblatt


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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