Gerardo Zamora v. Leland Elmer House
Published: Mar. 31, 2012 | Result Date: Jan. 26, 2012 | Filing Date: Jan. 1, 1900 |Case number: 10CECG02072 Verdict – $23,539
Court
Fresno Superior
Attorneys
Plaintiff
Antonio H. Rodriguez
(Law Offices of Antonio H. Rodriguez)
Eric V. Grijalva
(Parker Kern Nard & Wenzel)
Defendant
Experts
Plaintiff
Michael G. Klassen M.D.
(medical)
Defendant
Bud Morgan
(medical)
Facts
Gerardo Zamora was driving on highway 41 when he was rear-ended by a vehicle operated by Leland House, who had just merged into his lane. Zamora suffered injuries as a result thereof and sued House for negligence. House ultimately admitted liability and the case proceeded to trial on causation and damages.
Contentions
PLAINTIFF'S CONTENTIONS:
Plaintiff contended that he had hit his brakes for slowing due to traffic ahead, when defendant rear-ended him at a speed of 55 mph. Plaintiff further contended that defendant failed to realize that the traffic was coming to a stop after he switched lanes.
Damages
Zamora sought roughly $80,000 in damages, which included $4,539 in past medical costs, and unspecified amounts for future medical costs and past and future pain and suffering.
Injuries
Zamora injured his left knee due to striking it against the steering wheel on impact. He sought treatment with a chiropractor and with physical therapy. An MRI revealed a torn meniscus. He claimed he had to give up bike riding and scuba diving due to his injuries. House disputed the extent of Zamora's injuries.
Result
The jury awarded Zamora $23,539 in total damages, which included $4,539 in past medical cost; $13,000 for future medical cost; $4,000 in past pain and suffering; and $2,000 in future pain and suffering.
Deliberation
six hours
Poll
10-2
Length
four days
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