Colleen Marie Myers, Char Lee Bokoski v. Martin Braaten, Betty Braaten
Published: Jul. 7, 2004 | Result Date: Apr. 27, 2004 | Filing Date: Jan. 1, 1900 |Case number: CIV218878 Verdict – $318
Judge
Court
Ventura Superior
Attorneys
Plaintiff
Christopher A. Fortunati
(Law Office of Robert Baskin)
Defendant
Scott L. MacDonald
(Macdonald & Cody LLP)
Experts
Plaintiff
Donald Bolt
(medical)
Defendant
Brian J. Killeen
(medical)
Facts
The defendants, Martin Braaten, 75, and his wife, Betty Braaten, 72, rear ended an SUV being driven by the plaintiff Colleen Marie Myers. The plaintiff, Char Lee Bokoski was Myers' passenger. The defendants admitted liability. The property damage was paid. The plaintiffs claimed soft-tissue injuries. The plaintiffs sought emergency medical care at St. John's Hospital. Thereafter, both plaintiffs had chiropractic care. The plaintiffs contended that the defendants' negligence was the cause of the accident and thus the plaintiffs' injuries and damages. The defendants argued that the plaintiffs could not have been injured in this minor accident. The defendants contended that the plaintiffs were not injured and although it might have been reasonable for them to get checked out at the hospital, any treatment beyond that was unreasonable.
Settlement Discussions
The defendants offered each plaintiff $5,001 by C.C.P. Section 998. The arbitration award resulted in a verdict of $15,000 for Myers and $10,000 for Bokoski. The defendant requested trial de novo.
Result
The jury returned a verdict for the plaintiff Myers for $318 and for the plaintiff Bokoski for $378.
Deliberation
1.5 hours
Poll
11-1 (special damages) and 10-2 (general damages)
Length
three days
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