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Personal Injury (Vehicular)
Auto v. Auto
Rear-End Collision

Allen v. Safelife Auto Glass

Published: Jul. 3, 1999 | Result Date: May 4, 1999 | Filing Date: Jan. 1, 1900 |

Case number: 97AS02406 Verdict –  $550,000

Judge

John J. Golden

Court

Sacramento Superior


Attorneys

Plaintiff

Christopher A. Lee


Defendant

Robert N. Paige


Experts

Plaintiff

Kirk A. Blackerby
(technical)

Carol R. Hyland M.A.
(technical)

John B. Nguyen
(Law Office of George W. Wolff) (medical)

Defendant

Arthur Auerbach
(medical)

Lawrence J. Deneen J.D.
(technical)

Charles A. Berry
(medical)

Donna M. Murphy
(technical)

Facts

On June 5, 1996, the plaintiff, a 44-year-old crop duster, was traveling southbound to State Highway 99 in the No. 1 lane and was stopped in traffic when his car was rear ended by a van owned by defendant and driven by its employee. The plaintiff brought this action against the defendants based on negligence.

Settlement Discussions

The plaintiff made a C.C.P. º998 settlement demand for $375,000, in July 1998. The defendants made a C.C.P. º998 offer of compromise for $200,001 two weeks prior to trial.

Specials in Evidence

$53,000 $7,000

Injuries

The plaintiff suffered a C6-7 left-side herniation with existing spondylosis at C3-4-5-6, which was initially diagnosed as a neck sprain. The plaintiff was treated with five epidural injections over the next 20 months and physical therapy and had surgery in July 1998, with a four-month recovery period. Except for surgery, the plaintiff continued to fly as an owner of his company. Although he suffered from existing spondylosis, the plaintiff had no prior complaints except for right side pain in 1983.

Result

Please provide the city of locale and expertise of experts: John Yen ___________ (expertise) _______________ (city), Rita Bermudez (expertise) _______________ (city), Charles Berry _________________ (expertise) _______________ (city), Don Murphy ________________ (expertise) _____________ (city)

Other Information

The verdict was reached approximately two years after the case was filed. An arbitration was held on May 29, 1998, before Michael McKone, resulting in an $87,500 award for the plaintiff.

Deliberation

1½ hours

Poll

10-2

Length

six days


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