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Personal Injury
Multiple Automobile Accident
Broadside Collision

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

Paul R. Bernal

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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