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Personal Injury
Auto v. Auto
Rear-End Collision

Ramona Rojas v. Kelly Badeker, James Badeker

Published: Mar. 29, 2008 | Result Date: Dec. 7, 2007 | Filing Date: Jan. 1, 1900 |

Case number: MCV26128 Verdict –  Defense

Court

Placer Superior


Attorneys

Plaintiff

Frank F. Ali


Defendant

Terrence T. Snook
(Carbone, Smith & Koyama)


Experts

Plaintiff

Kurt Webb
(medical)

Bradley Herrgord
(medical)

Defendant

Kirk Barry
(technical)

Dale Robbins
(medical)

Rick N. Robertson
(technical)

Facts

Plaintiff Ramona Rojas, a 54-year-old medical assistant, was stopped on Lead Hill Blvd. in Roseville when defendant Kelly Badeker rear-ended her. The three passengers in plaintiff's car were not injured. The plaintiff sued defendant and James Badeker, the vehicle's owner, for motor vehicle negligence.

Contentions

PLAINTIFF'S CONTENTIONS:
The plaintiff contended the impact from defendant's sedan pushed plaintiff's vehicle more than halfway into the intersection.

DEFENDANT'S CONTENTIONS:
The defendant contended plaintiff's car barely moved and sustained minimal damage. An accident reconstruction expert testified plaintiff's car could not have moved any appreciable distance as a result of the accident.

Specials in Evidence

$3,759; $2,778;

Damages

The plaintiff sought unspecified general damages.

Injuries

The plaintiff sustained multiple soft tissue injuries to her neck and back, requiring chiropractic treatment and residual pain. She missed work for medical appointments and made it more difficult to care for her developmentally disabled son.

Result

The court granted a directed verdict as to James Badeker. Defense verdict.

Other Information

Insurer: CSAA

Deliberation

90 minutes

Poll

12-0

Length

three days


#123882

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