Cynthia Murray-Holland v. Patricia Elka
Published: May 10, 2008 | Result Date: Dec. 20, 2007 | Filing Date: Jan. 1, 1900 |Case number: RG05220739 Arbitration – $12,687
Facts
On July 21, 2004, plaintiff Cynthia Murray-Holland was driving west on interstate 580 in Albany, CA when she was rear-ended by defendant, Patricia Elka. Plaintiff's vehicle was pushed into a vehicle ahead of hers though both cars were being driven at slow speeds.
The plaintiff sued Elka, claiming Elka was negligent in the operation of her vehicle.
The defendant did not contest liability.
Damages
The plaintiff sought $23,000 in medical specials and $7,000 in lost wages. She sought a total of $63,000 in damages, including for past pain and suffering.
Injuries
The plaintiff suffered from soft-tissue neck and back injuries and claimed the accident either caused a torn right lateral meniscus or caused it to become symptomatic. She also suffered from lumbar strain.
Result
The case went to binding arbitration and the arbitrator found that defendant Elka was liable and that the accident caused plaintiff's neck and back injuries and may have exacerbated preexisting degenerative conditions in her knee, but the accident did not cause her meniscus tear. The arbitrator awarded plaintiff $12,687.
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