Carol Kenner v. Ariana Nourn, aka Ariana Somoulay, and Monoloth Somoulay
Published: Jan. 28, 2012 | Result Date: Nov. 3, 2011 | Filing Date: Jan. 1, 1900 |Case number: HG09489733 Verdict – $9,023
Court
Alameda Superior
Attorneys
Plaintiff
Defendant
Michael J. Smith
(Carbone, Smoke, Smith, Bent & Leonard)
Experts
Plaintiff
Beatrice Song
(medical)
J. Scott Canada
(medical)
Defendant
John J. Lavorgna
(medical)
Facts
Carol Kenner was a passenger in a vehicle that was rear-ended by another vehicle operated by Monoloth Samoulay. She sustained injuries to her neck, head, and left hip. She sued Somoulay and the owner of the vehicle, Ariana Nourn for negligence and vicarious liability. Defendants conceded liability and the matter proceeded only as to causation and damages.
Damages
Kenner had to retire early due to her injuries. She sought $16,258 for past medical costs; $41,942 in past lost earnings; $18,751 per year for future lost earnings; and $85,000 for past and future pain and suffering.
Injuries
Kenner suffered from cervical, thoracic, and lumbar strains and sprains as well as headaches and exacerbation of her left hip bursitis as a result of the accident. She received chiropractic care for three years to threat her orthopedic injuries. Defendants disputed her injuries and contended that she only sustained soft-tissue injuries that would have been resolved within eight weeks.
Result
The jury awarded Kenner $9,023 in total damages, which included $6,023 for economic damages and $3,000 for her non-economic damages.
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