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Personal Injury
Auto v. Auto
Rear-End Collision

Cassandra Swords v. Laurene Hedrick

Published: Oct. 7, 2003 | Result Date: Jun. 12, 2003 | Filing Date: Jan. 1, 1900 |

Case number: 247714AEW Verdict –  $0

Judge

Arthur E. Wallace

Court

Kern Superior


Attorneys

Plaintiff

John C. Hall
(Law Offices of John C. Hall)


Defendant

Dennis R. Thelen
(LeBeau Thelen LLP)


Experts

Plaintiff

Michael C. Tivnon
(medical)

Jae H. Chon
(medical)

Defendant

Thomas F. Fugger Jr., P.E.
(technical)

Melvin L. Cheatham
(medical)

Facts

On Aug. 20, 2001, plaintiff Cassandra Swords, 48, was involved in a motor vehicle collision with defendant Laurene Hedrick. At the time of the collision, the plaintiff's Chevrolet Suburban was stopped at a red light with a single vehicle in front of it. The defendant was stopped directly behind the Suburban in a Buick. The light turned green and traffic in the adjacent lane began to move, but the vehicle in front of the plaintiff remained stopped. The front of the defendant's vehicle hit the trailer hitch and bumper of the Suburban. No property damage to the plaintiff's vehicle could be seen. However, slight damage to the defendant's vehicle's license plate frame and grille was observed.

Settlement Discussions

The plaintiff made a demand of $100,000 (policy limits), which was lowered to $25,000. The defendant's offer was $5,001.

Specials in Evidence

$5,000 $6,000 $40,000

Injuries

After completing her work day, the plaintiff presented to an urgent care center for complaints of pain involving her neck, shoulder, arm and lower back. Nine years earlier, the plaintiff has undergone a fusion at C5-6. After the collision, her pain increased. Imaging studies revealed the presence of an incomplete fusion at the C5-6 level and herniation at the C6-7 level.

Result

The jury found no negligence by defendant. The defendant intended to file a memorandum of costs of $15,000.

Deliberation

45 minutes

Poll

12-0

Length

four days


#83617

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