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Personal Injury
Auto v. Auto
Lane Change Collision

Joseph Ibe v. Steve Schalch and Does 1 through 10, Inclusive

Published: Jun. 4, 2016 | Result Date: Sep. 3, 2015 | Filing Date: Jan. 1, 1900 |

Case number: CIV526963 Verdict –  Defense

Court

San Mateo Superior


Attorneys

Plaintiff

Lisa J. Ventura
(Dreyer Babich Buccola Wood & Campora LLP)


Defendant

Arsen Sarapinian
(Cholakian & Associates)


Facts

Joseph Ibe sued Steve Schalch, in connection with a motor vehicle collision that allegedly occurred on Oct. 24, 2013.

Contentions

PLAINTIFF'S CONTENTIONS:
Plaintiff was allegedly driving along the Bayshore Freeway during rush hour when he was rear-ended by a truck, that defendant operated. Plaintiff had just merged onto defendant's lane when the collision occurred, and had safely established the lane when it happened.

DEFENDANT'S CONTENTIONS:
Plaintiff allegedly cut defendant off. Defendant also claimed that, contrary to plaintiff's claims, plaintiff's vehicle was not fully established in the lane when the collision occurred. Defendant claimed plaintiff was liable for the collision for making an unsafe lane change.

Settlement Discussions

Schalch made a CCP 998 offer to waive costs.

Injuries

Ibe claimed strains and sprains to his back. He also experienced nausea and sought chiropractic and pain management treatments as well as physical therapy. Ibe also developed anxiety as a result of the incident and was diagnosed with post-traumatic stress disorder and anxiety disorders. Ibe claimed he could no longer perform his usual long distance runs or participate in long-distance cycling.

Result

The jury found in favor of Schalch, finding he was not liable for the collision.

Other Information

FILING DATE: Feb. 24, 2014.


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