Sherron Hrabko v. An To, et al.
Published: May 3, 1997 | Result Date: Oct. 24, 1996 | Filing Date: Jan. 1, 1900 |Case number: CV742488 – $0
Judge
Court
Santa Clara Superior
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Barry Norris
(medical)
Harley E. Schear
(medical)
Ishan Vest
(medical)
Defendant
Robert A. Burton
(medical)
Facts
On Aug. 8, 1993, plaintiff Sherron Hrabko, a 49-year-old self-employed clothing manufacturer, was injured when her automobile was rearended by an automobile, owned by defendant An To and operated by defendant Amy To. The defendant driver was stopped behind the plaintiff at a red light. When the light turned green, the defendant driver rearended the plaintiff's vehicle, causing minor bumper damage. There was a dispute in evidence as to whether or not the plaintiff's vehicle moved. The plaintiff brought this action against the defendant based on a negligence theory of recovery.
Settlement Discussions
The plaintiff made a settlement demand for $25,000. The defendant made a C.C.P. º998 offer of compromise for $14,001.
Specials in Evidence
$8,200 $5,130
Damages
The plaintiff asked the jury to award past and future specials damages of $50,000, plus an unspecified amount in general damages. The plaintiff's passenger settled at the mandatory settlement conference for the defendants' C.C.P. º998 offer of compromise for $6,501.
Injuries
The plaintiff claimed she suffered a concussion, lumbosacral radiculopathy, neck and back strains and disc injuries.
Other Information
The verdict was reached approximately two years and three months after the case was filed. An arbitration was held on Nov. 3, 1995 before Gregory Dela Pena resulting in an award of $15,000. The plaintiff requested a trial de novo. POST TRIAL MOTION: The plaintiff's motion for new trial was denied. EXPERT TESTIMONY: Defense expert Robert Burton, M.D. testified that there was no evidence of a head injury and that the plaintiff suffered only cervical and lumbar strains superimposed on pre-existing severe degenerative conditions.
Deliberation
2 hours
Poll
9-3
Length
5 days
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