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Personal Injury
Auto v. Auto
Rear-End Collision

Joseph Louis v. Chris Pederson

Published: Feb. 19, 2003 | Result Date: Aug. 20, 2002 | Filing Date: Jan. 1, 1900 |

Case number: H2174035 Verdict –  $0

Judge

John F. Kraetzer

Court

Alameda Superior


Attorneys

Plaintiff

Ross M. Meltzer


Defendant

Paul Alan Silver


Facts

The plaintiff, a 61-year-old truck driver, was driving northbound on Davis Street, near the intersection of Davis and Timothy Drive in San Leandro where he was rear-ended by the defendant. During the accident, the plaintiff touched a vehicle driven by a third driver, Antonio Diaz, while traveling in the No. 1 lane. Diaz was not a party to the suit. The police report concluded that the plaintiff had changed lanes but that the defendant was 100 percent at fault.

Injuries

The plaintiff claimed soft-tissue injuries to his head, neck, back and left shoulder.

Result

The case was bifurcated and resulted in the jury placing 47 percent negligence on the defendant and 53 percent on the plaintiff. The plaintiff chose not to pursue damages after the liability phase.

Other Information

The defendant's attorney reported that the testimony of the officer who concluded that the defendant was 100 percent at fault was subject to an in limine motion.

Deliberation

four hours

Length

two days


#122115

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