This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.

Personal Injury
Auto v. Auto
Rear-End Collision

Teofilo Duey, Delores Duey, Purification Conception v. Michelle Diane Evans

Published: Oct. 28, 2003 | Result Date: Apr. 17, 2003 | Filing Date: Jan. 1, 1900 |

Case number: C0200909 Verdict –  $5,000

Judge

Peter L. Spinetta

Court

Contra Costa Superior


Attorneys

Plaintiff

Thomas G. McLaughlin


Defendant

Stuart P. Lily


Experts

Plaintiff

Francel Nunnick
(medical)

Defendant

John R. Lang
(medical)

Facts

On March 30, 2001, the plaintiff, Teofilo Duey, a 51-year-old anesthesiology technician, was driving a vehicle with his wife, the plaintiff Delores Duey, a 48-year-old research scientist, together with another passenger. They were driving on State Route 4 and as they stopped in the No. 1 lane due to traffic, their vehicle was rear-ended by a car driven by the defendant. A third vehicle then rear-ended the defendant's car which pushed her car into the back of the plaintiffs' vehicle again. The plaintiffs testified that the initial impact was major and that the second impact was merely a "tap." The plaintiffs' car sustained $4,318 in damage and the defendant's car was a total loss. The plaintiffs sued the defendant and alleged vehicular negligence. The defendant admitted liability but disputed the nature and the extent of the plaintiffs' injuries and damages.

Settlement Discussions

The plaintiffs demanded, collectively, $54,000. The defendants offered $11,868 (collectively).

Injuries

The plaintiffs collectively alleged headaches, neck, upper back and lower back pain. The plaintiffs' chiropractor testified that all three plaintiffs would need chiropractic maintenance care.

Deliberation

two hours

Length

four days


#83705

For reprint rights or to order a copy of your photo:

Email jeremy@reprintpros.com for prices.
Direct dial: 949-702-5390