This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.

Personal Injury
Auto v. Auto
Negligence

Billy O'Brien and Patti O'Brien v. Bennett O'Neil

Published: Feb. 27, 1999 | Result Date: Nov. 10, 1998 | Filing Date: Jan. 1, 1900 |

Case number: 97AS01776 Verdict –  $95,000

Judge

Brian R. Van Camp

Court

Sacramento Superior


Attorneys

Plaintiff

Thomas L. Walsh


Defendant

Eric M. Bonzell


Experts

Plaintiff

Dennis Chu
(technical)

Donald L. Ansel
(medical)

Defendant

Craig Pfeiffer Jr.
(medical)

Facts

In April 15, 1996, plaintiff Billy O'Brien, a 42-year-old used car mechanic, was heading north on I-80 highway when his vehicle was hit from behind by a pick up truck driven by the defendant Patterson causing the plaintiff to be pushed into a third vehicle. The plaintiffs brought this action against the defendants based on negligence and loss of consortium theories of recovery.

Settlement Discussions

The plaintiffs made a C.C.P. º998 settlement demand for $75,000. The defendants made a C.C.P. º998 offer of compromise for $15,000.

Damages

$49,601 claimed for specials. A loss of consortium claim was made on behalf of Billy O'Brien .

Injuries

The plaintiff suffered soft tissue injuries to his neck and lower back.

Other Information

The verdict was reached approximately two years and seven months after the case was filed. An arbitration was held on June 15, 1998, resulting in a defense verdict.

Deliberation

1½ days

Poll

10-2 (liability), 9-3 (damages)

Length

six days


#80165

For reprint rights or to order a copy of your photo:

Email jeremy@reprintpros.com for prices.
Direct dial: 949-702-5390