Jeremy Penney, David Penney v. Sandip Chattopadhya
Published: Mar. 22, 2005 | Result Date: Nov. 9, 2004 | Filing Date: Jan. 1, 1900 |Case number: 2002066429 Verdict – $10,072
Judge
Court
Alameda Superior
Attorneys
Plaintiff
Defendant
Gregory P. Brock
(Brock Law Office)
Experts
Plaintiff
John Bias
(medical)
Wayde James
(medical)
Kee Kim
(medical)
Defendant
DeWitt B. Gifford
(medical)
Facts
In March 2002, plaintiff Jeremy Penney, a 30-year-old electrical craftsman and full-time National Guard reservist, was driving a 1991 Nissan pickup truck southbound on I-680 in Pleasanton. His father David Penney owned the truck. The truck stalled. Defendant Sandip Chattopadhya came upon the stalled truck in his lane. He braked and attempted to move around the truck but was unable to do so. He swerved, but the right front of his Mercedes sedan struck the left rear of the truck, causing major damage to both cars.
Injuries
Plaintiff Jeremy Penney's injuries included back and neck injuries and pain, and soft tissue injuries. He underwent fusion surgery and a laminectomy.
Result
Prior to trial, a nonbinding arbitration was held and the arbitrator awarded $300,000 to Jeremy Penney and $3,638 to David Penney. The defendant requested trial de novo. The jury found in favor of the Penneys and awarded them $10,072 ($3,068 to David Penney and $7,004 to Jeremy Penney).
Deliberation
1.5 days
Poll
12-0 (liability), 9-3 (damages)
Length
eight days
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