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Personal Injury
Auto v. Trailer
Oil Spill

Micaela Millender v. Selvie Ray Stout, Tom Endicott, Endicott Trucking

Published: Jan. 4, 2005 | Result Date: Mar. 18, 2004 | Filing Date: Jan. 1, 1900 |

Case number: 50975 Verdict –  $0

Judge

Edward J. King III

Court

Tehama Superior


Attorneys

Plaintiff

James C. Bageman


Defendant

Kevin Piekut
(Law Office of Kevin Piekut)


Experts

Defendant

Baer I. Rambach
(medical)

Facts

Micaela Millender, a 36-year-old homemaker, was driving her Honda Accord southbound on Interstate 5 near Red Bluff when a tractor-trailer owned by Endicott Trucking that was being driven just ahead of her by Selvie Stout dropped some oil on the freeway. The rig had recently gotten an oil change. After coming upon the spill, Millender lost control of her car and crashed into the concrete center divider.

Settlement Discussions

The plaintiff demanded $25,000. The defendant offered $15,000.

Specials in Evidence

$5,810, but only $3,132 in bills were admitted because Millender was precluded from calling a doctor to testify when she failed to engage in expert disclosure pretrial

Damages

Past and future pain and suffering.

Injuries

Millender claimed that she suffered headaches, back pain, neck pain and a tingling in both arms. She also claimed that her jaw popped, that she suffered impaired memory, aggravation of a previous injury to her lower back, and a right hip bruise.

Deliberation

two hours

Poll

12-0

Length

two days


#121019

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