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Personal Injury
Auto v. Auto
Broadside Collision

Lois Anderson v. Cynthia Evans

Published: Jan. 14, 2003 | Result Date: Oct. 24, 2002 | Filing Date: Jan. 1, 1900 |

Case number: C0002871 Verdict –  $25,400

Judge

Walter Rogens

Court

Contra Costa Superior


Attorneys

Plaintiff

Scott E. Jenny


Defendant

David W. Chen

Jennifer R. Solomon


Experts

Plaintiff

William Dean Johnson
(medical)

Defendant

Robert D. Ansel
(medical)

Facts

The plaintiff was involved in a broadside collision with the defendant who had made a left turn directly in front of the plaintiff's vehicle at the intersection of Citrus Drive and Oak Grove Boulevard in Walnut Creek. Damage to the plaintiff's car was approximately $650. The defendant admitted liability.

Settlement Discussions

The plaintiff submitted a demand of $60,000; the defendant offered $1,000 initially, subsequently increased to $10,000.

Specials in Evidence

$8,100 $10,000 None claimed None claimed

Injuries

The plaintiff alleged nerve impingement in the neck, weakness and numbness in the left shoulder and arm, and a protruding cervical disc which could require future surgery. The plaintiff underwent physical therapy and received diagnostic tests. She argued that as a result of the injuries, she had lost her job and had not worked for two years. The defendant contended that an MRI showed only degnerative changes and that the plaintiff's only injuries were soft-tissue, all of which were resolved after three months.

Other Information

Prior to trial, the plaintiff filed a motion in limine to preclude the defendant's accident reconstruction expert from testifying due to lack of compliance with Section 2034. The court granted the motion.


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