Priscilla Heard v. Charles Pierson, Eyob Fesshazion
Published: Jul. 7, 2004 | Result Date: Feb. 25, 2004 | Filing Date: Jan. 1, 1900 |Case number: 2039706 Verdict – $32,200
Judge
Court
Alameda Superior
Attorneys
Plaintiff
Defendant
Thomas S. Gelini
(Bennett Samuelsen Reynolds Allard Cowper)
Experts
Plaintiff
Linda Mayo
(medical)
James Stringer
(medical)
Defendant
Darrell Hayes
(medical)
Facts
The plaintiff, Priscilla Heard, a 55-year-old flight attendant, was driving her Lexus southbound on I-880 near Hayward when she was rear-ended by a Honda Civic driven by Eyob Fesshazion. Heard claimed there were two impacts, the first caused by Fesshazion and the second caused when a Chevy S-10 pickup truck rear-ended a Mustang, which in turn rear-ended Fesshazion's car, pushing it into Heard's Lexus a second time. Heard sued Fesshazion and Charles Pierson, the driver of the Chevy. She claimed vehicular negligence. Fesshazion and the driver of the Mustang, non-party Rolando Yalung, both contended that there was only one impact, caused when Pierson rear-ended Yalung, causing Yalung to rear-end Fesshazion and Fesshazion to rear-end Heard. Pierson contended that the impact was minor with corresponding minor injuries. He argued the case was only worth $17,000, and since Fesshazion paid $15,000 to settle, he owed Heard the remaining $2,000.
Settlement Discussions
The plaintiff's demand as to Pierson was $30,000. Pierson's offer was in the amount of $17,000 C.C.P. 998 (per defense counsel); $2,000 (per plaintiffs counsel).
Specials in Evidence
$10,500 $20,000
Injuries
Heard claimed she suffered lower back, neck and shoulder pain, which was treated. She also claimed she suffered flareups of pain continuing over a long period of time.
Result
$32,200
Other Information
The jury found Fesshazion 50% liable and Pierson 50% liable.
Deliberation
two hours
Poll
12-0
Length
three days
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