Fidencio Alvarez, Martha Alvarez and Christina Alvarez v. Michael Koop
Published: Oct. 28, 2006 | Result Date: Jun. 14, 2006 | Filing Date: Jan. 1, 1900 |Case number: 03CECG01025 Verdict – Defense
Court
Fresno Superior
Attorneys
Plaintiff
David O. Hernandez
(Hernandez Law Offices)
Defendant
Experts
Plaintiff
Stone Beck
(medical)
Facts
In March 2002, plaintiff Fidencio Alvarez was traveling in Fresno. His wife and daughter, plaintiffs Martha and Christina, were passengers in his vehicle. Defendant Michael Koop hit a vehicle in front of plaintiffs' car. Plaintiff then collided with the vehicle that defendant hit. Plaintiffs sued defendant, alleging negligent operation of a motor vehicle. Defendant admitted liability. The trial went forward on the issue of damages.
Settlement Discussions
There was a $999 demand and waiver of costs offer pursuant to C.C.P. Section 998.
Specials in Evidence
Plaintiffs each claimed costs for chiropractic treatment. Plaintiffs Fidencio and Martha each sought $3,900. Plaintiff Christina sought $3,400.
Damages
Plaintiffs claimed between $15,000 and $24,000 to cover pain and suffering damages.
Injuries
Plaintiffs claimed they sustained soft-tissue damage to their lower backs, which their chiropractor opined stemmed from the accident with defendant. Defendant opined that plaintiffs' impact with the car he initially struck was too minor to cause the claimed injuries. Further, plaintiffs' claimed injuries were the result of two other accidents they were involved in. Plaintiffs' doctor testified that he had treated them for similar injuries stemming from a prior accident.
Result
The jury reached a defense verdict, finding that plaintiffs' injuries were not caused by the accident with defendant.
Deliberation
25 minutes
Poll
8-0 (on damages)
Length
two days
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