Joe Earl Leffall v. Thomas E. Holahan
Published: Jun. 28, 2014 | Result Date: Mar. 10, 2014 | Filing Date: Jan. 1, 1900 |Case number: CIVDS1213067 Verdict – $35,500
Court
San Bernardino Superior
Attorneys
Plaintiff
Christopher A. Datomi
(Manning & Kass Ellrod Ramirez Trester LLP)
Defendant
Experts
Plaintiff
Joo Y. Kim
(medical)
Facts
Joe Leffall filed suit against Thomas Holahan in relation to a motor vehicle accident that occurred on Oct. 10, 2011.
Contentions
PLAINTIFF'S CONTENTIONS:
Plaintiff alleged he was driving his car and stopped because a fire truck was driving near him. He claimed that at that time, defendant's car crashed into the rear of his car because defendant was driving negligently. Plaintiff argued that defendant was driving too fast and failed to pay attention.
DEFENDANT'S CONTENTIONS:
Defendant argued that plaintiff came to an abrupt stop while driving on the street and should have reduced his speed and moved to the curb. Defendant also contended that plaintiff received excessive medical care.
Settlement Discussions
Plaintiff demanded $34,999.99 under CCP Section 998 and the defense offered $9,500.
Damages
Plaintiff asked for $6,000 in past medical costs.
Injuries
Plaintiff suffered back, neck, chest and soft-tissue injury. He required chiropractic care.
Result
The jury awarded plaintiff $35,500, after determining that defendant's negligence was substantial factor in the harm and that plaintiff did not commit negligence.
Other Information
FILING DATE: Dec. 18, 2012.
Poll
11-1 (negligence)
Length
five days
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