Ruben Ramirez v. Cherif Sidhom
Published: Feb. 4, 2006 | Result Date: Nov. 18, 2005 | Filing Date: Jan. 1, 1900 |Case number: 104CV027788 Verdict – $11,402
Judge
Court
Santa Clara Superior
Attorneys
Plaintiff
Scott Seabaugh
(Seabaugh Law Office)
Defendant
Experts
Plaintiff
Christine Tsou
(medical)
Mercedes Conklin
(medical)
William Tsang
(medical)
Defendant
David S. Burton
(medical)
Facts
In 2003, Ruben Ramirez, a 35-year-old construction supervisor, was broadsided as he was driving through an intersection in San Jose in his pick-up truck. The driver of the other vehicle, Cherif Sidhom, failed to obey a stop sign at the intersection. Ramirez sued Sidhom, alleging vehicular negligence. Sidhom stipulated to liability, but contested the extent and amount of damages. The defendant challenged the severity of the plaintiff's injuries and his claim that the accident exacerbated his degenerative disc condition. Specifically, the defense contended that the degenerative condition was never proven and that a five-month gap between his physical therapy sessions indicated that the plaintiff's pain was not as severe as he claimed it was. The defense took the position that the plaintiff's back pain may have been age, or muscle-related.
Settlement Discussions
The plaintiff demanded $15,000 and the defendant offered $10,001.
Specials in Evidence
$3,402
Damages
The plaintiff sought damages in the amount of $25,000 for past pain and suffering and $48,000 for future pain and suffering.
Injuries
The plaintiff claimed he suffered a back strain as a result of the accident. Later, he was also diagnosed with a lumbar disc injury with radiculopathy. The plaintiff claimed that he previously suffered from degenerative disc disease which was exacerbated by the accident. As a result, the plaintiff claimed he could work, but could no longer perform daily activities.
Result
$11,402
Deliberation
1.5 hours
Poll
12-0
Length
three days
For reprint rights or to order a copy of your photo:
Email
jeremy@reprintpros.com
for prices.
Direct dial: 949-702-5390