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Personal Injury
Auto v. Auto
Left Turn Collision

Fred M. Bay v. Dana DeHart

Published: Feb. 14, 1998 | Result Date: Jan. 7, 1998 | Filing Date: Jan. 1, 1900 |

Case number: CV760010 Verdict –  $2,620

Judge

Jack V. Komar

Court

Santa Clara Superior


Attorneys

Plaintiff

Gregory D. Hull


Defendant

Robert A. Nakamae


Experts

Plaintiff

J. Mayfield Harris
(medical)

Defendant

David S. Burton
(medical)

Facts

On Aug. 13, 1995, plaintiff Fred Bay, a 39-year-old manager, was going 20 mph on southbound Magdalena in the left lane near the parking lot exit of Los Altos First Baptist Church. He saw defendant Dana DeHart stopped at the parking lot exit and saw a church van stopped near the same exit. Plaintiff claimed that as he passed the exit, defendant suddenly began her turn and struck the passenger side of his car. The defendant contended that she was in the church parking lot and intended to make a left turn onto northbound Magdalena. The defendant also contended that as she exited the church parking lot, she brought her car to a stop, looked left and saw a church van turning right into the church parking lot. The defendant further contended she then looked right and proceeded with her turn. She did not see plaintiff prior to impact. An independent witness testified that he was standing 20 feet from the accident and saw the events unfold. The witness testified that plaintiff was following the church van in the right lane at 35 mph, accelerated, and changed to the left lane in order to overtake the turning van at the instant defendant began her turn. The plaintiff brought this action against the defendant based on a negligence theory of recovery.

Settlement Discussions

The plaintiff made a C.C.P. º998 settlement demand for $50,000. The defendant made a C.C.P. º998 offer of compromise for $9,001.

Specials in Evidence

$3,369

Damages

Plaintiff's attorney asked the jury to award between $50,000 - $88,369. Defendant's attorney asked the jury for a defense verdict or an award of $4,420.

Injuries

As a result of the accident, plaintiff claimed to sustain neck pain, back pain, right leg pain and lumbar strain. The plaintiff was diagnosed with cervical and lumbar strains as a result of the 1995 accident. Plaintiff underwent three months of physical therapy. Plaintiff contended that he made significant improvement in the year prior to the 1995 accident, and that the 1995 accident set back his recovery.

Other Information

The verdict was reached approximately two years and five months after the case was filed. An arbitration was held on May 29, 1997 before Joseph Huber of Huber, Samuelson resulting in an award of $18,500 to plaintiff. The plaintiff requested a trial de novo.

Deliberation

45 minutes

Poll

10-2

Length

three days


#125705

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