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Personal Injury
Auto v. Auto
Broadside Collision

Robin Bellon, Jolie Beckwith v. Valerie Lynn Tate

Published: Jan. 30, 2010 | Result Date: Sep. 9, 2009 | Filing Date: Jan. 1, 1900 |

Case number: RG08395973 Verdict –  $14,731

Court

Alameda Superior


Attorneys

Plaintiff

Thomas H. LemMon


Defendant

Michael J. Smith
(Carbone, Smoke, Smith, Bent & Leonard)


Experts

Plaintiff

Douglas Ross
(medical)

Facts

On Nov. 20,2007, plaintiffs Robin Bellon and Jolie Beckwith were in a car operated by Bellon when they collided with a car operated by defendant Valerie Tate on Berkeley Ave. The plaintiffs sued Tate for motor vehicle negligence.

Contentions

PLAINTIFFS' CONTENTIONS:
The plaintiffs claimed that Tate ran a red light that caused the incident. Bellon claimed she hit her knee against the dashboard and Beckwith claimed injury to the right side of her body as a result of the impact.

DEFENDANT'S CONTENTIONS:
Tate claimed that Bellon was making an unprotected left turn and failed to check that traffic was clear. Tate argued that she did not run a red light. She further contended that the chiropractic bills for Bellon were excessive and unnecessary.

Settlement Discussions

Bellon demanded $3,500 and Beckwith demanded $7,500. Tate offered Bellon $2,227 and Beckwith $4,445.

Specials in Evidence

Bellon claimed $1,890 for chiropractic treatment. Beckwith claimed lost wages at $12.78 an hour for two weeks.

Damages

Beckwith claimed $2,207 for medical specials, lost wages, and past and future pain and suffering. Bellon claimed past and future pain and suffering.

Injuries

Both plaintiffs were taken to the emergency room a day after the accident. Bellon claimed pain in her upper mid-back, lumbar, and bilateral neck. She had lumbar and thoracic bruising with joint dysfunction. She also had soft-tissue injuries in her neck and back. This required three months of physical therapy several times a week. Beckwith claimed severe pain on the right side of her body the evening of the accident. She was diagnosed with soft-tissue injuries and was given pain medication. This required 2.5 months of physical therapy.

Result

The jury found for the plaintiffs and awarded $4,576 to Bellon and $10,155 to Beckwith.

Deliberation

four hours

Length

three days


#90646

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