Teri Lew Johnson v. Robin A. Bacci
Published: Feb. 8, 1997 | Result Date: Jul. 24, 1996 | Filing Date: Jan. 1, 1900 |Case number: 163986 – $0
Judge
Court
Marin Superior
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Mary A. Johnson
(medical)
Tracy A. Newkirk
(medical)
Defendant
Michael S. Stock
(medical)
Jan Corwin
(medical)
Jacqueline G. Paver
(technical)
Facts
On June 18, 1994, plaintiff Terri Lew Johnson was injured when defendant Robin Bacci backed out from a parking space and struck the side of the plaintiff's vehicle. The defendant admitted liability, but contended that the plaintiff's injuries were caused by a previous accident rather than the subject accident. The plaintiff brought this action against the defendant based on a negligence theory of recovery.
Settlement Discussions
The plaintiff made a settlement demand for $137,500 (per the plaintiff) or $150,000 lowered to $67,500 (per the defendant). Per the plaintiff, the defendant made a settlement offer of $30,000, lowered to $8,000 at a settlement conference.
Specials in Evidence
$34,222 $7,350 $___________ $2,500 - $3,000
Injuries
The plaintiff alleged that she suffered a bulging cervical disc that required an anterior cervical discectomy fusion and resulted in lower back pain.
Other Information
The verdict was reached approximately one year and two months after the case was filed. SETTLEMENT CONFERENCE: A settlement conference was held on June 24, 1996 before Judge Smith. It did not resolve the matter. POST TRIAL MOTIONS: The plaintiff's motion for new trial was withdrawn in exchange for a waiver of a portion of the costs under C.C.P. º998. EXPERT TESTIMONY: Dr. Jacqueline G. Paver, a biomechanical engineer, testified that the impact of the collision was so slight that it could not have caused the plaintiff's claimed injuries, and it was unlikely that the accident caused any injuries.
Deliberation
2 days (per plaintiff), 2 hours (per defendant)
Poll
12-0
Length
5 days
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