Jodene Aubrey v. Sarah Burnett; Shasta Driving School
Published: Jan. 24, 1998 | Result Date: Oct. 2, 1997 | Filing Date: Jan. 1, 1900 |Case number: 95DR0357 Verdict – $2,312
Judge
Court
Humboldt Superior
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Tuan Luu
(medical)
Kenneth Stiver
(medical)
James P. Moore
(medical)
Denver H. Nelson
(medical)
Michael C. Osborne
(medical)
William C. Weiderman
(medical)
Jerry Jackson
(medical)
Defendant
Michael C. Osborne
(medical)
Daniel S. Farnum
(medical)
James P. Moore
(medical)
Tuan Luu
(medical)
Kenneth Stiver
(medical)
William C. Weiderman
(medical)
Facts
On Dec. 24, 1994, plaintiff Jodene Aubrey, an 18-year-old student, was a passenger in a parked pickup truck at the intersection of Buhne and California Streets in Eureka. Defendant Sarah Burnett, a 16-year-old driving student, was taking driving lessons from defendant, Shasta Driving School, using a Mazda owned by the driving school. Plaintiff claimed Burnett stopped, signaled and then proceeded to make a right hand turn, swinging wide into the opposite lane. Burnett then over-corrected, and struck the parked pickup truck that plaintiff was sitting in. Plaintiff was 4-months pregnant at the time and was taken to the hospital complaining of neck, mid-back and low back pain, for which she sought chiropractic and physical therapy treatment. The plaintiff brought this action against the defendants based on a negligence theory of recovery.
Settlement Discussions
The plaintiff made a C.C.P. º998 settlement demand for $31,223.33, lowered to $29,999. The defendant made a C.C.P. º998 offer of compromise for $2,501, raised to $7,000 following judicial non-binding arbitration.
Specials in Evidence
$7,729.33.
Damages
The plaintiff asked the jury to award $60,000 plus medical specials of $7,729.33. Defendants' attorney asked the jury to award $1,500.
Injuries
The plaintiff to suffer injuries to her neck, low back and headaches. Plaintiff also claimed disc bulging at L4-5/L5-S1, attributed to the accident. Plaintiff further claimed, through her experts, that she would continue to have lifetime complaints drectly related to this accident.
Other Information
A judicial non-binding arbitration was held resulting in a plaintiff's award of $31,223 to plaintiff. The defendant requested a trial de novo. Defense counsel reports a motion for new trial is pending.
Deliberation
4 hours
Poll
9-3 (damages); 11-1 (causation) - per defendant
Length
four days
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