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Personal Injury
Auto v. Auto
Intersection Collision

Pauline Beaudoin v. Morgan Jones

Published: May 2, 2009 | Result Date: Dec. 16, 2008 | Filing Date: Jan. 1, 1900 |

Case number: INC045992 Verdict –  $294,989

Court

Riverside Superior


Attorneys

Plaintiff

Walter T. Clark


Defendant

Leigh O. Harper


Experts

Plaintiff

Sandra Brown
(technical)

Darren L. Bergey
(medical)

Defendant

Dennis A. Rhyne
(medical)

Facts

On Nov. 1, 2003, plaintiff Pauline Beaudoin, 70, was traveling westbound on Perez Road. Plaintiff was next to witness Martinez and proceeding through a green light when defendant Morgan Jones, traveling northbound on Cathedral Canyon, struck the left side of plaintiff's vehicle, pushing plaintiff into Martinez's vehicle. All parties contended they entered the intersection on a green light. Cathedral City Police made no police report; considered non-injury.

Settlement Discussions

On Feb. 1, 2005, plaintiff made a C.C.P. section 998 demand of $25,000. The defendant offered $25,000 at the beginning of trial.

Damages

The plaintiff sought $40,226 in specials and asked the jury for $469,000.

Injuries

The plaintiff claimed she struck the left side of her body in the collision. She was seen in the emergency room at Eisenhower Medical Center and released. The plaintiff claimed injuries to her head, neck, left shoulder, lower back and ankles. She had previously had a cerebral aneurysm with coil placement and thus, could not undergo an MRI.

Result

The jury found defendant 100 percent liable and awarded plaintiff $294,989, consisting of $12,200 for lost earnings, $143,000 for future medicals, $5,000 for future lost earnings, $50,000 for past non-economic loss and $40,000 for future non-economic loss.

Other Information

Defendant's first medical expert, Dr. Singelyn, passed away while the matter was pending. Dr. Rhyne was substituted. The defendant substituted out house counsel just prior to trial. INSURER: AAA for plaintiff; Allstate Insurance Company for defendant.

Deliberation

one day

Poll

unanimous, 10-2 (on future non-economic loss)

Length

five days


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