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
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
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