Tasha Goran v. Penny Tsih
Published: Feb. 3, 2004 | Result Date: Sep. 26, 2003 | Filing Date: Jan. 1, 1900 |Case number: 2002042438 Verdict – $23,140
Judge
Court
Alameda Superior
Attorneys
Plaintiff
Albert G. Stoll Jr.
(Albert G. Stoll Jr. ALC)
Defendant
Experts
Plaintiff
Richard A. Nolan
(medical)
Facts
On March 2, 2001, Penny Tsih and Tasha Goran were on their way to the Back Street Boy's concert at the Oakland Arena. Tsih attempted a left hand turn and failed to yield to oncoming traffic. She proceeded through the intersection causing a collision. The right side of Tsih's vehicle sustained approximately $2,993 in damage. Her car was drivable after the collision. Goran felt pain at the scene and was taken to ER at Mill Peninsular Hospital by Tsih. The next day, Goran flew home to Canada, one day ahead of schedule, due to her injury.
Settlement Discussions
On Aug. 26, 2002, the plaintiff served a C.C.P. Section 998 offer for the $15,000 policy limit. The case was arbitrated in front of William J. Reed from Danville on Jan. 26, 2003. He awarded $9,234 plus costs. The defendant rejected the arbitration award. On July 31, 2002, the defendant served a C.C.P. Section 998 offer for $3,001.
Specials in Evidence
The plaintiff incurred medical bills totaling approximately $865 in Canadian dollars. She was seen at the emergency room at Mills-Peninsula Hospital at a cost of US $205. The rest of her treatment was in Canada. Because the medical bills were low, and the plaintiff had a chronic neck injury, the plaintiff's counsel elected at trial to waive any claim for medical expenses The plaintiff claimed she missed work as a waitress server on various days from March 5-19, 2001 and from Feb. 6, 2002 to May 25, 2002. Her wage loss was $1,400
Injuries
The plaintiff claimed a chronic neck and back sprain/strain.
Other Information
Motions pending on the issue of excessive damages and juror misconduct were denied. The judgment of $29,242 was paid.
Deliberation
two hours
Poll
9-3 (damages)
Length
three days
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