Kristi Taylor v. David Verber, Annabett Verber
Published: Dec. 10, 2005 | Result Date: Sep. 27, 2005 | Filing Date: Jan. 1, 1900 |Case number: 040000748 Verdict – $8,887
Judge
Court
Yuba Superior
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Jay D. Grassell
(medical)
Charles Price
(medical)
Facts
On April 17, 2003, plaintiff Kristi Taylor, a 28-year-old escrow officer was traveling in the right lane of Highway 65 during an intermittent rain. In the left lane, David Verber was driving his sports car. After a sudden heavy downpour, Verber lost control and his car hit the median and then spun into Taylor's vehicle, causing it to go off the road. Taylor sued Verber for negligence, claiming injuries and named his wife, Annabett, as co-owner of the car.
Settlement Discussions
The plaintiff demanded $8,500 via C.C.P. Section 998 and the defense offered $7,500 via C.C.P. Section 998.
Damages
The plaintiff sought lost wages totaling $439 and need of a rental car totaling $731 after the accident because she claimed her injuries kept her out of work for a week. The plaintiff asked the jurors to give her what they deemed was a fair amount for her past and future pain and suffering.
Injuries
The plaintiff suffered injuries to her chest, neck, back, arm and knee. She claimed past medical expenses for doctor visits, physical therapy, chiropractic visits and pain medications. Moreover, the plaintiff claimed past and future pain and suffering. The defense contended that the plaintiff declined medical treatment at the time of the accident and argued that she gave up on her physical therapy, and therefore is responsible for her ongoing complaints of pain.
Result
The jury returned a verdict awarding the plaintiff $8,887. Because the verdict was in excess of plaintiff's C.C.P. Section 998 demand, she was entitled to costs including expert witness fees. The plaintiff's net recovery was $16,760.
Deliberation
45 minutes
Poll
9-3 (negligence), 9-3 (damages)
Length
three days
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