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
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
For reprint rights or to order a copy of your photo:
Email
jeremy@reprintpros.com
for prices.
Direct dial: 949-702-5390