Gregory Risby v. Danny Kwok Chow, Lisa Parmley, Luzdivina Legaspi
Published: Feb. 9, 2002 | Result Date: Oct. 25, 2001 | Filing Date: Jan. 1, 1900 |Case number: 827869 Verdict – $479,650
Judge
Court
Alameda Superior
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Thomas C. Christensen
(technical)
Carol R. Hyland M.A.
(technical)
Delmar Sanders
(medical)
Joanna Moss
(technical)
Defendant
Richard N. Stuart
(technical)
William Hoddack
(medical)
Kenneth S. Zelinger
(medical)
Facts
The suit arose as a result of a three-car vehicle accident that occurred on Jan. 23, 2000 on westbound I-580 near
Fruitvale in Alameda County. The plaintiff, a 41-year-old male police officer, had been traveling westbound on
I-580 in the No. 1 lane at approximately 60 m.p.h. He observed defendant Legaspi/ParmleyÆs vehicle
approaching from the rear in the No. 1 lane, so the plaintiff changed to the No. 2 lane. When Legaspi/Parmley
vehicle passed the plaintiff in the No. 1 lane, it lost control due to the vehicleÆs speed and the wet condition of
the roadway, and it began to fishtail across the westbound lanes. To avoid defendant Legaspi, the plaintiff
again changed lanes, this time back into the No. 3 lane.
Defendant LegaspiÆs vehicle came to a complete stop in the No. 3 lane ahead of the plaintiff who was able to
stop his vehicle, but seconds later, he was struck from the rear by defendant ChowÆs vehicle who had also been
traveling in the No. 3 lane. The force of the impact pushed the plaintiffÆs car into defendant LegaspiÆs vehicle.
Settlement Discussions
The plaintiff submitted a C.C.P. Section 998 demand of $100,000. The defendant offered $15,000.
Specials in Evidence
$9,000 $115,132 $219,000 $80,000
Injuries
The plaintiff sustained neck and back injuries. The defendants contended that the plaintiffÆs back injuries pre- existed the subject accident and that they were in fact related to a work-related injury that occurred in October 1999. The plaintiff had been receiving treatment for his lower back during the early part of January and, in fact, an MRI had already been scheduled to take place several days after this accident. The MRI proved positive and the plaintiff contended that his admitted pre-existing lower back condition was aggravated by the subject accident and that this caused the need for surgery in the future and was the reason why he was unable to return to work as an Oakland police officer.
Other Information
The defendantÆs motion for new trial was denied. The defendant paid the sum of $531,196 and satisfied the judgment, which included the amount of the verdict, costs, prejudgment interest and post-judgment interest.
Deliberation
four hours
Poll
11-1
Length
15 days
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