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Personal Injury (Vehicular)
Negligence
Rear End Collision

Ignacio and Maria Godinez v. Gregory Finnerty

Published: Jan. 13, 1996 | Result Date: Dec. 11, 1995 | Filing Date: Jan. 1, 1900 |

Case number: CIV152051 –  $0

Judge

John J. Hunter

Court

Ventura Municipal


Attorneys

Plaintiff

Frank Urias


Defendant

Dana K. Silver


Experts

Plaintiff

Ted R. Lingle
(medical)

Defendant

John G. Perry
(technical)

Facts

On February 5, 1994, the plaintiffs, Ignacio Godinez, a 41-year-old mechanic, and his wife, Maria Godinez, a 38-year-old laborer, were traveling on Main Street in Ventura, California. The plaintiff's vehicle was struck from behind by the defendant's vehicle. The plaintiffs brought this action based on a negligence theory of recovery.

Settlement Discussions

No demands were made by the plaintiffs. The defendant made a C.C.P. º998 offer of compromise for $601 to Ignacio Godinez and $2001 to Maria Godinez.

Specials in Evidence

$1,200 (Ignacio Godinez), $1,000 (Maria Godinez) $800 (Ignacio Godinez) and $3,200 (Maria Godinez) $___________ $__________

Damages

Maria Godinez asked the jury for $20,000 and Ignacio Godinez asked the jury for $7,000.

Injuries

Soft tissue neck and back injuries requiring physical therapy. Maria Godinez claimed that she had premature contractions as a result of the accident. She was five months pregnant at the time of the accident.

Other Information

On October 20, 1995, an arbitration was held before Arthur Reily, who awarded Maria Godinez $10,000 and Ignacio Godinez $5,285. The defendant requested a trial de novo. The verdict was reached approximately ten months after the case was filed.

Deliberation

1 hour 20 minutes

Poll

12-0 (Ignacio Godinez), 9-3 (Maria Godinez)

Length

2 days


#78603

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