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Personal Injury
Auto v. Auto
Lane Change Collision

Aubrey Spuhler v. Diana Anderson

Published: Jan. 13, 2004 | Result Date: Mar. 28, 2003 | Filing Date: Jan. 1, 1900 |

Case number: 01CC12344 Verdict –  $10,500

Judge

James V. Selna

Court

Orange Superior


Attorneys

Plaintiff

Jeffrey T. Roberts
(Roberts Jeandron Law)


Defendant

Ted Endres
(Law Offices of Steven D Levine)


Experts

Plaintiff

Kenneth S. Obenski
(technical)

Defendant

Michael H. Millar
(medical)

Facts

Aubrey Spuhler, a 23-year-old mortgage broker, was driving her Mazda MX-3 southbound in Costa Mesa when Diana Anderson, 45, was stopped at a stop sign in her Ford Windstar van waiting to make a left turn. Without warning, Anderson drove directly into Spuhler's lane, causing a collision. The two vehicles collided at a 45 degree angle, with Spuhler's front passenger side colliding with Anderson's front driver's side. Anderson contended that she never saw Spuhler's vehicle despite clear weather and sun.

Settlement Discussions

The plaintiff demanded C.C.P. Section 998 for $14,999 reduced to $12,500 C.C.P. Section 998. The defendant offered $8,400 C.C.P. Section 998.

Specials in Evidence

$6,200

Injuries

Spuhler suffered minor abrasions to her forearms as a result of the deployment of her airbag. She also sustained soft tissue injury in her neck, shoulders and sacroiliac joint. She claimed to have ongoing pain for which she received chiropractic treatment.

Deliberation

4.5 hours

Poll

11-1 (economic), 10-2 (non-economic)

Length

three days


#123136

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