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Personal Injury
Automobile Accident
Collision

Annick Linskey v. Kenneth Rogers, et al.

Published: Jan. 31, 1998 | Result Date: Sep. 16, 1997 | Filing Date: Jan. 1, 1900 |

Case number: CIV167925 Verdict –  $0

Judge

John J. Hunter

Court

Ventura Superior


Attorneys

Plaintiff

James P. Ballantine


Defendant

Clifton L. Wiseman

John J. McNamara (Fillmore)

Patrick J. McDonough

Robert B. Cassels


Experts

Plaintiff

Brian D. Brantner
(medical)

Martin Cohen
(medical)

Defendant

Ronald Shlensky
(medical)

Facts

On Oct. 6, 1995, plaintiff Annick Linskey, a 20-year-old student, was a front seat passenger in a car driven by defendant Christine Dillon that collided with a cow owned by defendant Kenneth Rogers. Two property owners who leased grazing land to Rogers were granted a nonsuit at the close of the plaintiff's case. The plaintiff brought this action against the defendants Dillon and Rogers based on a negligence theory of recovery.

Settlement Discussions

The plaintiff made a C.C.P. º998 settlement demand for $250,000 on defendant Dillon. No C.C.P. º998 offers were made by defendants.

Specials in Evidence

$4,300 $2,500

Injuries

The plaintiff sustained a laceration to her forehead with residual scar, concussion and post-concussion syndrome.

Other Information

The verdict was reached approximately one year after the case was filed. An arbitration was held before Wayne K. Baldwin resulting in an award of $26,000 against defendant Rogers only. The plaintiff requested a trial de novo.

Deliberation

two hours

Poll

9-3 (no liability on cow owner), 10-2 (no liability on driver)

Length

five days


#87379

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