Charlette Avery v. Braddon Frederick McKee, Vinculums Services, LLC
Published: May 8, 2020 | Result Date: Sep. 23, 2019 |Case number: 17CV309914 Verdict – $814,043
Judge
Court
Santa Clara County Superior Court
Attorneys
Plaintiff
Jeff B. Atterbury
(Habbas & Associates)
Jayme L. Walker
(Gwilliam, Ivary, Chiosso, Cavalli & Brewer APC)
Defendant
Jose A. Montalvo
(Law Offices of John A. Biard)
Timothy D. Lucas
(Thomas Lucas)
Experts
Plaintiff
Alex B. Barchuk M.D., C.L.C.P.
(physical medicine)
Paul A. Berg Ph.D.
(psychology)
Karen L. Aznavoorian M.A.
(life care planning)
Jeffrey D. Coe M.D.
(orthopedic surgery)
Phillip H. Allman III, Ph.D.
(economics)
Defendant
Karl E. Volk M.A., B.S.
(economics)
Bruce M. McCormack M.D.
(neurosurgery)
Kirsten White M.S., P.E.
(biomechanics)
Facts
On April 15, 2015, Charlette Avery was driving in Campbell when a truck driven by Braddon McKee collided with Avery and broadsided her compact vehicle.
Contentions
PLAINTIFF'S CONTENTIONS: Plaintiff contended that defendant McKee negligently operated his vehicle and caused the collision. Plaintiff contended that Mckee was working under the direction of defendant Vinculums Services at the time of the collision and that defendant corporation was vicariously liable for plaintiff's injuries. Plaintiff contended that she suffered injuries to her left knee, lower back, and neck.
DEFENDANT'S CONTENTIONS: Defendants admitted that they were responsible for the crash, but that the damages were not as extensive as plaintiff claimed. Defendant contended that plaintiff's back injury was pre-existing and that plaintiff's knee and neck injuries did not require surgery; thus, the damages would be much lower than the $3.8 million plaintiff requested.
Result
The jury found that defendant's conduct was a substantial factor in causing plaintiff's injuries. They awarded plaintiff $814,043.20 in damages.
Deliberation
two days
Poll
9-3
Length
11 days
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