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
Court
Santa Clara Superior
Attorneys
Plaintiff
Defendant
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
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