Cheryl Lacornu-Smith v. Diedra Ann Moore, Darlene Ervin, Angelene Evans
Published: Mar. 29, 2005 | Result Date: Sep. 30, 2004 | Filing Date: Jan. 1, 1900 |Case number: CV020579 Verdict – $17,367
Judge
Court
San Joaquin Superior
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Linda Barnard
(medical)
Raymond E. Espinosa
(medical)
Robert A. Allen
(medical)
Defendant
Charles Seaman
(medical)
Peter M. Gannon
(medical)
Facts
Cheryl Lacornu-Smith, a 50-year-old school teacher, was driving her 2001 Honda Accord on I-5 near Stockton. A Buick Regal owned by Darlene Ervin and Angelene Evans and driven by Diedra Ann Moore, drifted into Smith's lane and caused her to lose control. Smith's vehicle spun around and rolled over. Smith sued Moore for negligence and Ervin and Evans for vicarious liability. However, Evans was taken from the suit when it was discovered that she had died prior to the accident. The defense admitted liability.
Settlement Discussions
The plaintiff demanded $34,999 and the defense offered $15,000.
Specials in Evidence
$14,196.90
Damages
Between $75,000 and $125,000 for past and future pain and suffering.
Injuries
Smith suffered a cervical strain with disc bulges at C3-4 and C6-7. She also suffered a thoracic strain, thigh strain and scalp abrasion, as well as post-traumatic stress disorder. The defense contended that the plaintiff's chiropractic and psychological medical bills should be denied. They further contended that the plaintiff's mood swings were attributable to her pre-existing bipolar disorder.
Result
$17,367
Deliberation
3.5 hours
Length
six days
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