Rose Hipskind v. Chelsea Anne Shelledy, Dakar Inc.
Published: May 18, 2004 | Result Date: Mar. 11, 2004 | Filing Date: Jan. 1, 1900 |Case number: 01112001 Verdict – $187,672
Judge
Court
Santa Barbara Superior
Attorneys
Plaintiff
Defendant
Timothy C. McNeill
(Hollingshead & Associates)
Experts
Plaintiff
Jeff Bettman
(technical)
Jill Rocha
(medical)
Samuel Small
(medical)
Facts
On Feb. 28, 2002, the plaintiff, Rose Hipskind, a student at the University of California in Santa Barbara, was driving her 1993 Ford Ranger southbound on Highway 101 in Santa Barbara. The defendant, Chelsea Anne Shelledy, who was in the course and scope of her employment with Dakar Inc. was driving a 1998 Ford Explorer southbound on Highway 101 when she lost control of her vehicle while attempting to move from the slow lane to the fast lane. The defendant first moved onto the right shoulder, then over-corrected and came back into the fast lane where she T-boned the plaintiff's truck. Both vehicles were totaled. The plaintiff sued the defendant and the defendant's employer, Dakar Inc. and alleged vehicular negligence. The defendants admitted liability but disputed the nature and the extent of the plaintiff's injuries.
Settlement Discussions
The plaintiff made C.C.P. Section 998 demand for $39,999; the defendants' final offer was $7,500.
Specials in Evidence
$13,672 (including lost scholarship opportunity) $5,000
Damages
$39,000 for past non-economic loss, physical pain and mental suffering; $125,000 for future non-economic loss, including physical pain and mental suffering
Injuries
At the time of the accident, the plaintiff was a 20-year-old gymnast competing for the university's gymnastic team. She experienced a severe and persistent strain to her lower back and myofascitis. The university eliminated its gymnastic team program several months after the accident and the plaintiff was unable to display her talents to other universities which had gymnastics. She was receiving a $6,000 annual scholarship from the university and the university's assistant gymnastic coach testified that she would easily received a further scholarship.
Other Information
The defendants plan to appeal the court's granting of motion in limine to preclude testimony of a defense medical expert who was not listed in the initial expert exchange. The plaintiff designated no expert witnesses other than her treating doctors. The defense contended that the designation of treating doctors gave them an opportunity to supplement their witness list to include an orthopedic surgeon.
Deliberation
2.5 hours
Poll
12-0
Length
four days
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