Ryann Inman, Ernestine McCoy v. Jessica Swetalla, David Swetalla
Published: Nov. 18, 2003 | Result Date: Aug. 13, 2003 | Filing Date: Jan. 1, 1900 |Case number: 247881SPC Verdict – $17,440
Judge
Court
Kern Superior
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Edward Taylor
(medical)
Patrick Daley
(medical)
Defendant
Michael G. Davies
(medical)
Daniel F. Trudell
(technical)
Facts
On Feb. 1, 2002, Ernestine McCoy, a 62-year-old in-home care provider was a passenger in a 1994 Chevrolet pick-up truck driven by Ryann Inman. They were driving southbound on Highway 99 and began to slow for traffic. Jessica Swetalla was also driving southbound in her father's Isuzu Trooper. She was approaching slowing traffic when she allegedly sneezed three times consecutively and her foot came off the brake. She then slammed on the brakes, skidded 40 feet and struck the rear of Inman's pick-up. McCoy and Inman sued Jessica and her father, David Swetalla, alleging vehicular negligence.
Settlement Discussions
The plaintiffs demanded $35,839 (arbitration award); the defendants made a C.C.P. Section 998 offer of $7,500.
Specials in Evidence
$15,530 $4,230
Damages
$25,000 to $50,000 in general damages.
Injuries
McCoy was treated for blunt abdominal trauma. She was diagnosed with having costochondritis, which is an inflammation at the margin of the ribs with the abdomen.
Result
The jury awarded specials of $16,440 and general damages of $1,300.
Deliberation
four hours
Poll
10-2 (on liability)
Length
two days
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