Weyer v. Herron
Published: Nov. 11, 2006 | Result Date: Feb. 2, 2006 | Filing Date: Jan. 1, 1900 |Case number: GIN040821 Verdict – ($85,000 to each plaintiff).
Court
San Diego Superior
Attorneys
Plaintiff
Defendant
Guy T. Beasecker
(Law Offices of Kim L. Bensen)
Facts
Plaintiff Thomas Weyer and his wife, plaintiff Mary Ann, were in San Diego, driving home to Los Angeles following a visit to SeaWorld, when the defendant’s vehicle rear-ended them twice. The defendant subsequently pleaded no contest to driving under the influence.
Settlement Discussions
The defendant offered a combined total of approximately $13,000 shortly before trial.
Injuries
The plaintiffs sustained soft tissue injuries, lumbar and cervical pain. The plaintiffs did not seek medical treatment but treated with a chiropractor for a month after the collision, commencing on the first day after the incident. There were subsequent extensive gaps in treatment for both plaintiffs, including three months after the initial month of chiropractor treatment, in which, accompanied by his wife Mary Ann, Thomas competed in the Professional Bass Fishing Tour. Over a year later, the plaintiffs obtained limited medically supervised physical therapy. Specials for Mary Ann totaled $19,000 and $12,000 for Thomas.
Result
The jury returned a verdict in favor of the plaintiffs for $170,000 ($85,000 to each plaintiff).
Other Information
The plaintiffs initially filed a complaint in pro per. Trial counsel took over the case about four months before trial, conducting discovery and moving for Leave to Amend, to request punitive damages for drunk driving. On the first day of trial, the court denied the plaintiffs’ motion for leave to amend and granted the defendant’s motion in limine to suppress evidence of the drunk driving.
Deliberation
two days
Length
10 days
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