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Personal Injury (Vehicular)
Automobile Accident
Lane Change Collision

Gregg Whitfield v. Catherine Wagner

Published: Oct. 29, 1994 | Result Date: Sep. 20, 1994 | Filing Date: Jan. 1, 1900 |

Case number: 7083774 –  $2,594

Judge

Raymond Marsh

Court

Alameda Superior


Attorneys

Plaintiff

Stephen H. Cornet


Defendant

Seth J. Schwartz
(Archer Norris)


Experts

Plaintiff

Ross Williams
(medical)

Doug Yarris
(medical)

Teresita L. Dean
(medical)

Martin E. Frankel
(medical)

Defendant

Peter L. Chase
(medical)

Facts

On October 1, 1991, Defendant Catherine Wagner was traveling westbound on the I-80 in Emeryville when she began a lane change from the westbound number 2 lane into the westbound number 3 lane ahead of Plaintiff. Plaintiff Gregg Whitfield's vehicle struck the Defendant's vehicle in a sideswipe collision. Defendant admitted liability.

Settlement Discussions

Defendant contends that they offered $10,000 increased to $55,000 with indications of $100,000 and that Plaintiff demanded $40,000 increased to $225,000-$250,000.

Specials in Evidence

$4,694 $2,000 not claimed $44,000 to $54,000

Injuries

Soft tissue neck and back requiring chiropractic care; TMJ disc injury requiring physical therapy, arthroscopic surgery, and future bilateral open joint TMJ surgery.

Deliberation

3.5 hours

Poll

12-0

Length

4.5 days


#78286

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