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Personal Injury
Auto v. Auto
Rear-End Collision

Khristina Avalos v. Janine Golden

Published: Feb. 24, 2004 | Result Date: Feb. 4, 2004 | Filing Date: Jan. 1, 1900 |

Case number: 02CL05336 Verdict –  $14,101

Judge

Byron K. McMillan

Court

Orange Superior


Attorneys

Plaintiff

Eric V. Traut
(Traut Firm)


Defendant

Peter Simpson


Experts

Plaintiff

Todd Simpson
(medical)

Defendant

Alan M. Strizak
(medical)

Facts

On Dec. 13, 2001, the plaintiff, 26-year-old Khristina Avalos, was rear ended on the 55 Freeway by the defendant Janine Golden. The plaintiff admitted that she may have accidentaly pressed the accelerator as a result of the impact from Golden. The defendant Golden admitted that she struck the rear of the Avalos vehicle ahead of her with a significant impact. That impact pushed the vehicle into a fourth vehicle. Janine Golden saw an E.R. doctor the evening of the collision. She was diagnosed with a minor cervical strain and was prescribed medication. Four days later, she saw a chiropractor who treated her for 82 visits for more than two years. She had completed treatment with him for a workers compensation shoulder and neck injury shortly before the automobile accident. The defendant Golden contended that it was the plaintiff's own negligence that was a substantial factor in causing her claimed injuries.

Settlement Discussions

The plaintiff demanded $9,000; the defendant offered $3,900.

Specials in Evidence

$8,160 $124

Damages

Car rental expenses amounted to $725.

Injuries

Neck and lower back strains.

Deliberation

two hours

Poll

12-0

Length

1.5 days


#124582

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