Brian Keeney v. Teresita Sariento Petell
Published: Oct. 7, 2003 | Result Date: May 21, 2003 | Filing Date: Jan. 1, 1900 |Case number: CV0163963 Verdict – $23,676
Judge
Court
San Joaquin Superior
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Timothy L. Brown
(medical)
John H. Karan
(medical)
Defendant
Lewis N. Meltz
(medical)
Facts
On Feb. 20, 2001, the plaintiff, Brian Keeney, a 39-year-old manufacturing manager, was driving his 1995 Chevrolet Blazer eastbound on 11th Street in Tracy. As he neared the intersection of 11th and Lammers Road, his car was rear-ended by a 1993 Nissan Altima driven by the defendant Teresita Petell. The force of the impact caused the plaintiff's Blazer to roll onto the driver's side. The plaintiff sued the defendant and alleged vehicular negligence. The defendant admitted liability but disputed damages. The defendant argued that the plaintiff's injuries were not as severe as contended and that the plaintiff's alleged lower back condition was a degenerative condition and was not caused by the accident. The defendant argued that the plaintiff was not forthright about his medical history and that the chiropractic treatment was excessive and unnecessary.
Settlement Discussions
The plaintiff initially demanded $30,000, subsequently increased to C.C.P. Section 998 of $32,999. The defendant initially offered $7,000, raised to C.C.P. Section 998 of $18,750 pretrial.
Specials in Evidence
$6,857 $1,819
Injuries
The plaintiff claimed that he sustained connective tissue injuries to his neck and upper and lower back as well as a neurological component. He treated with a chiropractor for about eight months. An MRI performed after eight months after the collision revealed a small central and left disc protrusion at L5-S1 and effacement of the thecal sac. No future treatment was required.
Deliberation
two hours
Poll
11-1
Length
four days
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