This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.

Personal Injury
Auto v. Auto
Rear-End Collision

Daniel Swiney v. Nathan Miller, et al.

Published: Jan. 1, 1999 | Result Date: Jul. 18, 1998 | Filing Date: Jan. 1, 1900 |

Case number: 972088577SEA Verdict –  $36,248

Judge

Donald D. Haley

Mediator

Jay V. White

Court

King Superior


Attorneys

Plaintiff

Gary N. Gosanko


Defendant

Rodney D. Hollenbeck

Kenneth R. Scearce


Experts

Plaintiff

Stanley Herring
(medical)

Facts

On Sept. 2, 1995, plaintiff Daniel Swiney, a 21-year-old warehouse worker, stopped for traffic on southbound Interstate 5 near Northgate. Defendant Nathan Miller rear-ended the plaintiff, knocking him into another vehicle ahead of him. That driver struck the back of Nathan Miller's vehicle, knocking Miller into the plaintiff's vehicle. The plaintiff brought this action against the defendants based on a negligence theory of recovery.

Settlement Discussions

Defendant Miller made an offer of $60,000 at mediation.

Specials in Evidence

$1,889 $19,500 (disputed)

Damages

The plaintiff asked the jury for $21,500 in special damages plus unspecified general damages.

Injuries

The plaintiff claimed aggravation of pre-existing degenerative joint disease in L3-4-5, cervical sprain and upper-back sprain. He claimed six months of lost work (disputed).

Other Information

The verdict was reached approximately one year and six months after the case was filed. A mediation held before Donald D. Haley resulted in a settlement for $9,000 between the plaintiff and the driver who hit Miller.

Length

two days


#89876

For reprint rights or to order a copy of your photo:

Email jeremy@reprintpros.com for prices.
Direct dial: 949-702-5390