Connie M. Ellis v. Sarah E. Milder
Published: Nov. 12, 2011 | Result Date: Apr. 7, 2011 | Filing Date: Jan. 1, 1900 |Case number: 1-07-CV-091869 Verdict – $17,857
Court
Santa Clara Superior
Attorneys
Plaintiff
Mark S. Lee
(Rimon PC)
Defendant
Experts
Plaintiff
Stephen Osborn
(Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.)
(medical)
David M. Yoshida M.D.
(technical)
Defendant
James D. Anderson
(medical)
James D. Kelly
(Law Office of James D. Kelly)
(medical)
Daniel S. Girvan
(technical)
Facts
In 2009, Connie Ellis was driving on the interstate when she was rear-ended by a vehicle driven by Sarah Milder. She was injured as a result thereof and sued Milder for negligence.
Damages
Ellis sought $120,000 in past medical costs and $100,000 in future medical costs as well as $250,000 for past pain and suffering and $500,000 for future pain and suffering.
Injuries
Ellis complained of headaches and neck and back pain. She presented to her general practitioner eight days following the accident, and underwent physical therapy for approximately eight to nine weeks. She underwent an MRI the following year which revealed nerve impingement. She also claimed synovitis and labral tear to her left shoulder and underwent surgery on her shoulder in 2009. She continued to experience pain and discomfort in her neck and her surgeon testified this would require future cervical surgery. Ellis contended that the pain affected her daily living. Milder disputed Ellis' injuries. She claimed that Ellis' shoulder injury was unrelated and only complained of it six weeks after the accident. She also challenged her claim for future surgery.
Result
The jury awarded $17,856.67 for past medical costs and past pain and suffering. The parties thereafter reached an agreement to vacate the judgment and jury award.
Deliberation
five hours
Length
eight days
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