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Personal Injury (Vehicular)
Auto v. Auto
Rear-End Collision

Carol Porter v. Sylvia Frank

Published: Mar. 5, 1998 | Result Date: Oct. 22, 1997 |

Case number: 96CV6404 –  $32,940

Judge

H. Jeffrey Bayless

Court

Denver District


Attorneys

Plaintiff

Michael Gross


Defendant

Elizabeth A. Kleger


Facts

On April 25, 1994, plaintiff Carol Porter, a 31-year-old self-employed insurance agent, was driving her vehicle northbound on Interstate 25. She exited at Colorado Boulevard and stopped at the exit ramp while traffic cleared. Defendant Sylvia Frank also exited at the Colorado Boulevard exit ramp behind plaintiff's vehicle. Plaintiff claimed defendant moved forward and struck the rear of her vehicle. After viewing the damage to the vehicles, defendant left the scene. Plaintiff brought this action against defendant based on a negligence theory of recovery.

Settlement Discussions

The plaintiff made a settlement demand for $100,000. The defendant made a $500 offer of judgment.

Specials in Evidence

$45,000 $____________ $____________ $____________

Injuries

The plaintiff claimed that because of her pregnant condition (she was 6-months pregnant at the time), she was more prone to injury in the auto accident. She claimed to suffer TMJ (temporomandibular joint) syndrome, neck strain, chronic pain, emotional distress and depression. Plaintiff did not claim that the accident caused the loss of her baby 2+ months after the auto accident.

Other Information

The verdict was reached approximately three years and six months after the case was filed.

Deliberation

six hours

Poll

______ (# PLS.)

Length

three days


#126276

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