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Personal Injury (Vehicular)
Auto v. Truck
Rear-End Collision

Jennifer Warndorf v. Jacqueline Barbera, et al.

Published: Nov. 1, 1997 | Result Date: Jun. 10, 1997 | Filing Date: Jan. 1, 1900 |

Case number: 119699 –  $7,626

Judge

Robert G. Gilbert

Court

Butte Superior


Attorneys

Plaintiff

Adam D. Sorrells


Defendant

Michael R. Deems


Experts

Plaintiff

Karen Azevedo
(medical)

Bahram Ravani
(technical)

Kenneth W. Heichman
(technical)

David Eliot Altman
(medical)

Defendant

Gary T. Moran
(technical)

Susan E. Bromley
(medical)

Garreth Dale Perrine
(technical)

Facts

On Oct. 13, 1995, plaintiff Jennifer Warndorf, a 23-year-old waitress, was involved in an automobile accident. While in her truck at the intersection of Mangrove and East First Avenue, plaintiff was rear-ended. The plaintiff alleged the accident caused $482 worth of damages to her truck. The plaintiff brought this action against the defendants, driver and owner, based on a negligence theory of recovery.

Settlement Discussions

The plaintiff made a C.C.P. º998 settlement demand for $7,400, increased to $13,500 prior to trial. The defendant made an offer of $1,000.

Specials in Evidence

$7,626

Damages

The plaintiff claimed up to $20,000 in general damages plus specials.

Injuries

Plaintiff claimed to have suffered back and neck injuries resulting in pain and headaches.

Other Information

EXPERT TESTIMONY: Defendant's experts testified that the collision was approximately 2-3 mph. Further, that plaintiff's claimed damage to her vehicle and personal injuries could not have been caused by this accident. Plaintiff's expert testified that the speed was approximately 5-10 mph. Another expert for plaintiff testified that even a 2-3 mph plaintiff could have sustained her neck injury because there were no head rests in her truck.

Deliberation

three hours

Poll

12-0 (negligence); 11-1 (damages)

Length

four days


#79792

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