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Personal Injury (Vehicular)
Auto v. Auto
Rear-End Collision

Mary Nunley v. Katherine Ycoy

Published: Dec. 18, 1999 | Result Date: Nov. 22, 1999 | Filing Date: Jan. 1, 1900 |

Case number: 725248 –  $874

Judge

Philip D. Sharp

Court

San Diego Superior


Attorneys

Plaintiff

Clark R. Hudson
(Neil Dymott Hudson, APLC)


Defendant

Scott D. Schabacker
(Law Offices of Scott D. Schabacker)


Experts

Plaintiff

William P. Curran Jr.
(medical)

Defendant

Larry L. Beveridge
(technical)

Raymond M. Vance M.D.
(medical)

Facts

On Oct. 28, 1997, plaintiff Mary Nunley, a 38-year-old bookkeeper, was driving on Interstate 163 in San Diego when she was rear ended by defendant Katherine Ycoy. The plaintiff alleged a 45 mph impact. The defendant alleged the collision took place at 5 mph or less.

Settlement Discussions

The plaintiff demanded $9,500. The defendant offered $3,001.

Specials in Evidence

$8,020 $1,592

Injuries

Plaintiff Mary Nunley suffered soft tissue injuries to the neck, shoulder and back, nausea, unremitting vomiting, headaches. Plaintiff Rocky Nunley alleged loss of consortium but dismissed his claim on the eve of trial.

Other Information

A settlement conference was held before Judge Thomas LaVoy, resulting in no settlement. The defendant's husband was dismissed as a co-defendant after he filed a motion for summary judgment. The defendant will file a motion for costs and expert fees. Defense expert Larry Beveridge testified that neither vehicle was damaged and that the van had pre-existing rear bumper damage. Plaintiff's expert Dr. William Curan agreed that plaintiff received excessive therapy.

Deliberation

1+ hours

Poll

12-0

Length

3+ days


#88391

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