This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.

Personal Injury
Auto v. Auto
Driving Under the Influence

Kristina Anne Ruys v. Jennifer Francis Carmen Gotfrid

Published: Apr. 18, 2009 | Result Date: Nov. 25, 2008 | Filing Date: Jan. 1, 1900 |

Case number: SCV236703 Verdict –  $10,874

Court

Sonoma Superior


Attorneys

Plaintiff

Charles D. Cochran

Rachael R.J. Erickson
(Cochran Erickson PC)


Defendant

Steven C. Mitchell
(Geary, Shea, O'Donnell, Grattan & Mitchell PC)


Experts

Plaintiff

Jack E. Miller
(medical)

Edgar O. Angelone Ph.D.
(medical)

Defendant

John W. Podboy
(medical)

Joel Reiter
(medical)

Facts

On June 3, 2003, plaintiff Kristina Anne Ruys, a 24-year-old mortgage broker, was rear-ended by defendant Jennifer Francis Carmon Gotfrid while stopped at a red light. Gotfrid had a blood alcohol level of .22. Ruys filed suit and Gotfrid did not deny liability.

Settlement Discussions

Plaintiff made a C.C.P. section 998 demand of $89,000 and defendant offered $40,000.

Damages

The plaintiff asked for an award of $382,000. The defendant proposed an award between $5,000 and $15,000.

Injuries

The plaintiff claimed cognitive impairment, difficulty concentrating, memory loss, depressions, sprains, vertigo, and depression among other injuries.

Result

The jury awarded plaintiff $10,874; specifically $5,970 for past medicals, $504 for past lost earnings, plus $5,000 for pain and suffering.

Other Information

INSURER: Mercury Insurance Group. According to plaintiff's counsel, defense attorneys did an excellent job of discrediting the plaintiff for her past marijuana use, poor selections of boyfriends and failure to seek medical care on a consistent basis. The plaintiff is very attractive, has done prior modeling, and has a job as an escrow officer. Proving cognitive impairment was difficult.

Deliberation

half day

Length

six days


#82038

For reprint rights or to order a copy of your photo:

Email jeremy@reprintpros.com for prices.
Direct dial: 949-702-5390