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Personal Injury (Vehicular)
Multiple Automobile Accident
Flooding

Amy Coons, et al. v. Mathew Rosenberry, et al.

Published: Apr. 23, 1994 | Result Date: Mar. 7, 1994 | Filing Date: Jan. 1, 1900 |

Case number: 528283 –  $0

Judge

Cecily Bond

Court

Sacramento Superior


Attorneys

Plaintiff

Michael J. Trezza


Defendant

Robert P. Fowler

Cynthia P. Kroeger


Experts

Plaintiff

J. Leonard Davis
(medical)

Victoria Marcelino
(medical)

Facts

This action involved 3 vehicles and a flooded roadway. On October 25, 1991, Plaintiffs were passengers in each of the first two automobiles which encountered a flooded roadway. The first vehicle entered the flooded area and slid to the side. The second vehicle, driven by Defendant Rosenberry, entered the flooding and struck the first vehicle. The third vehicle, driven by Sheila Copren, entered the flooding and struck the second vehicle; there was a dispute as to whether the second vehicle struck the first vehicle before, or after, being struck by the third vehicle. Plaintiffs were Amy Coons, a 16-year-old student, and Tamara Kesterson, a 33-year-old car salesperson. Plaintiffs were passengers in different vehicles; they are mother and daughter.

Settlement Discussions

Defendants contend they made no offers and Plaintiff Amy Coons demanded $42,000 and Plaintiff Tamara Kesterson demanded $27,000.

Specials in Evidence

$14,000 (both Plaintiffs) not claimed

Injuries

Soft tissue neck and back (both Plaintiffs) and L4-5 disc bulge (Kesterson) requiring chiropractic care and physical therapy.

Other Information

Vehicle number one included was driven by Kesterson's husband, not a party to the suit. Vehicle number two included driver Defendant Rosenberry and passenger Plaintiff Coons. Vehicle number three was occupied by driver Defendant Copren.

Deliberation

45 minutes

Poll

9-3

Length

4 days


#90291

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