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Personal Injury
Auto v. Auto
Rear-End Collision

Laura Gates v. Othon Molina

Published: Dec. 21, 2004 | Result Date: Oct. 7, 2004 | Filing Date: Jan. 1, 1900 |

Case number: 04HL00510 Verdict –  $0

Judge

David R. Chaffee

Court

Orange Superior


Attorneys

Plaintiff

Brian J. Petersen


Defendant

William R. Lutz


Experts

Plaintiff

James S. Breivis
(medical)

Facts

In Dec. 2001, plaintiff Laura Gates, a 33-year-old nurse, was a right front seat passenger in a car being driven in Newport Beach. While waiting at a yield sign to proceed onto Pacific Coast Highway, the car was rear-ended by a car driven by defendant Othon Molina. The plaintiff sued the defendant, alleging vehicular negligence. The defendant admitted fault and paid for the car damage. The defendant disputed the plaintiff's injuries.

Settlement Discussions

The plaintiff made a demand of $6,000. The defendant's offer was $1,000.

Damages

The plaintiff claimed past medical specials of $3,355 and past loss of earning of $308.

Injuries

The plaintiff claimed she sustained soft-tissue injuries to the left side of her neck. An orthopedic surgeon testified that the plaintiff's head being turned at the time of impact would be critical to plaintiff's neck complaints. The defendant contended that this minor accident could not have resulted in the extent of injuries alleged by plaintiff.

Result

The jury found in favor of the defense.

Deliberation

45 minutes

Poll

12-0

Length

two days


#120969

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