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Personal Injury
Auto v. Auto
Rear-End Collision

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

John F. Kraetzer

Court

Alameda Superior


Attorneys

Plaintiff

Roger R. Rubin


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


#123634

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