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
Dangerous Condition of Public Property

Danny Vi, Paul Do v. Ricky Chuong

Published: Apr. 19, 2005 | Result Date: Feb. 3, 2005 | Filing Date: Jan. 1, 1900 |

Case number: WG03088981 Verdict –  $0

Judge

William A. McKinstry

Court

Alameda Superior


Attorneys

Plaintiff

Arthur C. Lipton
(Lipton & Piper LLP)

Jonathan L. Piper
(Lipton & Piper LLP)


Defendant

Deborah T. Bjonerud
(Jeanette N. Little & Associates)


Experts

Plaintiff

Stephen C. Dell
(medical)

Niels Wagner
(medical)

Defendant

Daniel K. Lee
(medical)

Facts

On April 16, 2002, the plaintiffs Danny Vi, a 32-year-old card dealer, and Paul Do, a 25-year-old unemployed, were riding as passengers in a Toyota Forerunner driven by Ricky Chuong on westbound I-80 just after the Donner Pass summit in Soda Springs. The plaintiff Vi was sitting in the front passenger seat and Do was lying down in the rear seat of the Toyota which was owned by the defendant Chuong's girlfriend. The car passed through a chain checkpoint where Chuong contended that they were told to proceed with the four-wheel drive engaged due to a snowstorm that afternoon. Chuong had the 4-wheel drive on as he attempted to round a right hand turn on a downslope. The Toyota slid right and then spun 180 degrees. It slid off the roadway, rolled over onto its right side and landed on its wheels on top of a tree. The three men climbed out of the car through the sun roof and made their way back up the roadway to seek assistance. Vi and Do sued Chuong for negligence.

Settlement Discussions

The plaintiffs each demanded $25,000. The defense offered $4,500 to Do and $5,500 to Vi.

Specials in Evidence

Danny Vi: $5,165 (chiropractic); $1,750 (acupuncture) and $6,089 (MRI). Paul Do: $3,870 (chiropractic); $3,292 (MRI) $1,900 (Danny Vi)

Damages

Do sought a total of $38,862 and Vi, $49,900 (including non-economic damages).

Injuries

Vi claimed he suffered a disc bulge in his cervical spine and a lumbar disc bulge. Do also claimed a disc bulge in his lumbar spine. Both claimed bruises and other aches and pains. They claimed that they began feeling pain when they arrived at their hotel that evening. The defense argued that neither plaintiff complained of injuries at the scene and neither sought medical attention on the day of the accident. Defense argued that the MRIs on each plaintiff showed only minor degenerative changes.

Deliberation

1.5 hours

Poll

11-1

Length

four days


#85535

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

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