Chad Empey v. Neil Pritiken
Published: Apr. 27, 2004 | Result Date: Oct. 28, 2003 | Filing Date: Jan. 1, 1900 |Case number: 227678 Verdict – $288,870
Judge
Court
Sonoma Superior
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Charles W. Moulton
(medical)
Tom Yankowski
(technical)
Defendant
James Hughes
(technical)
Robert A. Harf
(medical)
Facts
Chad Empey, 38, a sandblaster/glazier, was hit from behind by a Pontiac Firebird as he walked through the parking lot of his apartment building. The driver of the Firebird, Neil Pritikin, was backing through the parking lot and did not see Empey. The Firebird's rear bumper struck Empey's legs and caused him to hit his head on the back windshield. Empey was knocked to the pavement. Empey went to Marin General Hospital, where he was given painkillers and a splint for his leg. Empey sued Pritikin, alleging vehicular negligence.
Settlement Discussions
The plaintiff demanded $100,000 and the defendant offered $15,000.
Injuries
Empey claimed headaches, dizziness, loss of balance, neck pain, shoulder pain and pain in his legs during the first week post-accident. His orthopedist testified that Empey suffered neck problems and a torn rotator cuff as a result of the accident. Empey claimed he could not return to work as a sandblaster due to physical limitations. Defendant's orthopedist testified that Empey's injuries were limited to temporary soft-tissue complaints and any other problems were not the result of the injury.
Result
$288,870
Deliberation
one day
Poll
12-0
Length
five days
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