Melissa Dworkin v. Donna Guillory
Published: Nov. 7, 2009 | Result Date: Mar. 23, 2009 | Filing Date: Jan. 1, 1900 |Case number: RG05245612 Verdict – $306,500
Court
Alameda Superior
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Maud Nerman
(medical)
Timothy Fitzer
(medical)
Gary H. London
(technical)
Thomas P. Yankowski M.S., C.V.E.
(technical)
Vasiliki Economou
(medical)
Defendant
Rajeev Kelkar Ph.D.
(technical)
James Y. Soong
(medical)
Facts
On Jan. 21, 2004, Melissa Dworkin was driving in her 1984 Dodge minivan northbound on Adeline Street through its intersection with Alcatraz Street in Berkeley. Dworkin had come to a complete stop while in the intersection for a city bus that had also stopped. Defendant Donna Guillory was driving west on Alcatraz and made a right turn onto Adeline. Guillory collided with the rear of Dworkin's stopped van. Guillory stipulated that she was negligent but contested the extent of the injuries.
Specials in Evidence
$25,015; $42,541.
Injuries
Dworkin claimed to have suffered whiplash, neck pain, jaw pain, left arm pain, chronic headaches, restricted range of motion, mild spondylitic narrowing of the C3-4 neural foramina, non-herniated broad-based posterior midline bulging at C5-6, all of which she claimed required physical therapy and medication.
Result
The jury found in favor of Dworkin and awarded her $306,500, consisting of $134,000 in past economic losses, $102,500 in future economic losses, $35,000 in past non-economic loss, and $35,000 in future non-economic loss. Costs of $23,070 were also awarded.
Other Information
The parties arbitrated before David DeSantis, Esq., and Dworkin was awarded $25,400. Guillory filed for trial de novo and provided a C.C.P. Section 998 offer for $17,500, according to plaintiff's counsel. FILING DATE: Dec. 7, 2005.
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