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Personal Injury
Auto v. Auto
Rear-End Collision

Gregory Cole v. Andrea Miller

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

Case number: PC000210 Verdict –  $14,000

Judge

Patrick J. Riley

Court

El Dorado Superior


Attorneys

Plaintiff

Mark G. Deitchman


Defendant

James W. Rushford
(Gurnee, Mason, Rushford, Bonotto & Forestiere LLP)


Experts

Plaintiff

Lee B. Kinney
(medical)

Gordon Lewis
(medical)

Keith Harston
(medical)

David M. Yoshida M.D.
(technical)

Defendant

Jim Anderson
(medical)

Gregory Dales
(medical)

Facts

The plaintiff, a 52-year-old airplane mechanic,was rear -ended while driving in El Dorado County by the defendant, who failed to stop in time. The speed at impact was approximately 10 to 15 mph.

Settlement Discussions

The plaintiff submitted a demand of $50,000 to $75,000; the defendant tendered an offer of $30,000 by way of C.C.P. Section 998.

Specials in Evidence

$6,000 for the chiropractic treatment

Injuries

The plaintiff alleged a non-surgical disc injury for which he underwent three months of chiropractic treatment. Subsequently, the plaintiff was treated by an orthopedist and complained of on-going neck pain which he alleged caused him to stop working. The defense medical expert testified that the plaintiff's injuries were soft tissue only and had been resolved.


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