Kora Rich v. Paul Elischer
Published: Jan. 21, 2004 | Result Date: Sep. 11, 2003 | Filing Date: Jan. 1, 1900 |Case number: C833298 Verdict – $7,290
Judge
Court
Alameda Superior
Attorneys
Plaintiff
Defendant
Michael J. Smith
(Carbone, Smoke, Smith, Bent & Leonard)
Experts
Plaintiff
Oscar F. Jackson
(medical)
Defendant
Kenneth S. Zelinger
(medical)
Facts
In November 1999, plaintiff Kora Rich was driving westbound on the Oakland-San Francisco Bay Bridge. Traffic came to a stop because a car had boiled over. While the plaintiff was stopped, she was rear-ended by a pickup truck driven by defendant Paul Elischer. The plaintiff's car was totaled. The plaintiff sued the defendant for vehicular negligence. The defendant denied that he was driving negligently and contended that the plaintiff had failed to mitigate her damages.
Damages
The plaintiff's car suffered $14,076 in damage.
Injuries
The plaintiff claimed contusions to her chest and legs. She also claimed cervical strains and an exacerbation of her carpal tunnel syndrome.
Deliberation
4.5 hours
Poll
9-3 (negligence), 12-0 (causation), 12-0 (damages)
Length
four days
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