Richard S. Tracy v. Darina Parker
Published: Jul. 26, 1997 | Result Date: Jun. 12, 1997 | Filing Date: Jan. 1, 1900 |Case number: 704131 Verdict – $0
Judge
Court
San Diego Superior
Attorneys
Plaintiff
Robert J. Francavilla
(Casey, Gerry, Schenk, Francavilla, Blatt & Penfield LLP)
Defendant
Scott D. Schabacker
(Law Offices of Scott D. Schabacker)
Experts
Plaintiff
John M. Seelig
(medical)
Peter Orner
(technical)
Defendant
Raymond M. Vance M.D.
(medical)
Thomas J. Szabo
(technical)
Jonathan A. Schleimer M.D.
(medical)
Facts
On Aug. 30, 1995, plaintiff Richard S. Tracy, a 40-year-old sales and marketing executive, was driving his pickup truck with a non-party passenger. Defendant Darina Parker, who had parked her pickup truck at the curb, pulled the vehicle out of the parking space as the plaintiff's vehicle was passing. The defendant's pickup truck struck the passenger's side of the plaintiff's passing pickup truck. The defendant claimed the collision caused over $5,000 in property damage to the two vehicles. The plaintiff claimed it caused minimal damage. The plaintiff allegedly first noticed neck pain and stiffness five days later. His passenger suffered a fractured wrist. The plaintiff had been in a prior car accident in 1993 and was diagnosed with bulging disks at C4-S1, C5-6 and C6-7. The plaintiff brought this action against the defendant based on negligence theories of recovery.
Settlement Discussions
The plaintiff made a settlement demand for $75,000. The defnedant made a settlement offer of compromise for $20,000.
Specials in Evidence
$16,108.76 $38,200 $92,500
Injuries
The plaintiff claimed he suffered aggravation of a pre-existing asymptomatic condition, treated with pain injections, chiropractic manipulation and proposed future cervical disk surgery at C4-5 and C5-6.
Other Information
The verdict was reached approximately 11 months after the case was filed. A settlement conference was held before Judge J. Michael Bollman of San Diego Superior Court. It did not resolve the matter.
Deliberation
1 hour
Poll
10-0 defense (2 undecided)
Length
4 days
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