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

Axelroth v. Dykes

Published: Mar. 25, 2000 | Result Date: Dec. 17, 1999 | Filing Date: Jan. 1, 1900 |

Case number: MC982372 Verdict –  $4,707

Judge

James J. Ream


Attorneys

Plaintiff

Nigel A. Whitehead


Defendant

David N. Tedesco
(Henderson & Borgeson)


Experts

Plaintiff

Karen Hale
(medical)

Defendant

R. Lloyd Friesen
(medical)

Facts

Plaintiff was rear-ended by defendant on Dec. 12, 1997 in a residential area of San Luis Obispo.
The plaintiff contended that the accident caused anterolisthesis at C7-T1, requiring one year of chiropractic adjustments and massage, plus two years of future care.
The defendant contended that the accident caused a soft tissue whiplash injury that resolved in a few weeks.

Settlement Discussions

The plaintiffÆs C.C.P. Section 998 demand was $10,000 at trial. The defendantÆs C.C.P. Section 998 offer was $5,000 on June 2, 1999 and increased to $8,500 on Dec. 7, 1999. In an arbitration on Aug. 18, 1999 a result of $15,797 was returned for the plaintiff and rejected by the defendant.

Specials in Evidence

$5,889 $2,500

Injuries

Plaintiff had a soft tissue neck sprain complicated by anterolisthesis at vertebrae C7-T1.

Other Information

A verdict was reached one year and eight days after the case was filed.

Deliberation

three hours

Poll

11-1 (damages)

Length

three days


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