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Personal Injury
Multiple Automobile Accident
Rear-End Collision

Grace Jean McIntosh, Joshua McIntosh v. Alysha Joleen Dieteren, William Henry Dieteren

Published: Apr. 17, 2020 | Result Date: Nov. 26, 2019 |

Case number: CU18-083083 Verdict –  $115,864

Judge

S. Robert Tice-Raskin

Court

Nevada County Superior Court


Attorneys

Plaintiff

John M. O'Brien
(O'Brien & Zehnder Law Firm)

Grant R. Zehnder
(O'Brien & Zehnder Law Firm)

Edward A. Smith
(The Law Offices of Edward A. Smith)


Defendant

Gino G. Barrica
(Tiza Serrano Thompson & Associates)


Experts

Plaintiff

Carol R. Hyland M.A.
(life care planning)

Philip J. Orisek M.D.
(orthopedic surgery)

Ardavan M. Aslie M.D.
(orthopedic surgery)

Defendant

Sean D. Shimada Ph.D.
(biomechanics)

Sanjay S. Dhall M.D.
(neurosurgery)

Kenneth W. Heichman
(accident reconstruction)

Hamidreza Aliabadi M.D.
(neurosurgery)

Facts

Grace McIntosh was stopped at a red light at the intersection of Sutton Way and Brunswick Road in Grass Valley, when Alysha Dieteren stopped her vehicle behind McIntosh's vehicle. Dieteren then rear-ended McIntosh the moment the light turned green. McIntosh sued Dieteren and registered owner of the vehicle, William Dieteren, for vicarious liability. William was dismissed from the case and McIntosh proceeded to trial against Alysha.

Contentions

PLAINTIFF'S CONTENTIONS: Plaintiff contended that defendant caused the collision by negligently ignoring the road ahead to tinker with her car radio. Plaintiff also contended that defendant's negligence caused her injuries.

DEFENDANT'S CONTENTIONS: Defendant conceded the contentions.

Settlement Discussions

Plaintiff made a 998 demand for $250,000. Defendant gave plaintiff a $25,000 998 offer.

Specials in Evidence

Plaintiff sought $31,943 in past medical costs; $17,523.11 in lost wages $38,921 in future medical costs.

Damages

Plaintiff sought to recover $31,942.88 in past medical expenses, $17,523.11 in lost wages, $150,000 in past pain and suffering, $201,546.31 for future economic damages including costs for two-level cervical arthroplasty and sacroiliac joint fusion, and $225,000 for future pain and suffering.

Injuries

McIntosh suffered a herniated disc at levels C5-6 and C6-7, a sacroiliac joint Injury and endured physical therapy and chiropractic treatment for two months. McIntosh also required epidural steroid shots for pain management.

Result

The jury awarded the plaintiff a $115,863 verdict.

Deliberation

1.5 days

Length

five days


#134392

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