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 (Vehicular)
Auto v. Auto
Intersectional Collision

Eva Guerrero v. David Motta, et al.

Published: Jan. 10, 1998 | Result Date: Sep. 29, 1997 | Filing Date: Jan. 1, 1900 |

Case number: 394037 –  $0

Judge

Dale Hahn

Court

San Mateo Superior


Attorneys

Plaintiff

Howard L. Hibbard

Eric E. Silva


Defendant

John P. Cline


Experts

Plaintiff

John Alderman
(medical)

Edward M. Katz
(medical)

Defendant

Joseph E. Awender
(medical)

David S. Burton
(medical)

Facts

On Nov. 28, 1994, plaintiff Eva Guerrero, a 23-year-old medical technician was driving southbound on El Camino Real in Redwood City. At the intersection of Whipple Avenue and El Camino Real, she collided with defendant David Motta. The plaintiff brought this action against the defendant based on a negligence theory of recovery.

Settlement Discussions

The plaintiff made a C.C.P. º998 settlement demand for $11,500. The defendant made a C.C.P. º998 offer of compromise for $10,500 lowered to $6,000.

Specials in Evidence

$11,700 $_________ $_________ $_________

Damages

The plaintiff asked the jury for $30,000.

Injuries

The plaintiff claimed she suffered a cervical strain causing severe neck and right arm pain, disc damage and severe headaches.

Other Information

An arbitration was held before Bernie Cotter resulting in an award of $34,000 to plaintiff. The defendant requested a trial de novo.

Deliberation

three hours

Poll

10-2 (no causation)

Length

five days


#87259

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

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