Julie Lindsey v. Paul Benjamin Driscoll
Published: Feb. 13, 2010 | Result Date: Dec. 28, 2009 | Filing Date: Jan. 1, 1900 |Case number: 1-08-CV-123214 Verdict – Defense
Court
Santa Clara Superior
Attorneys
Plaintiff
William M. McCann
(Office of the San Diego County District Attorney)
Defendant
Facts
On Dec. 30, 2007, a vehicle driven by defendant Paul Driscoll crashed into a vehicle driven by plaintiff Julie Lindsey. As a result, Lindsey brought an action against Driscoll, alleging motor vehicle negligence.
Contentions
PLAINTIFF'S CONTENTIONS:
Lindsey claimed that the accident occurred because Driscoll could not control his car. In response to Driscoll's contentions, Lindsey stated that no phantom vehicle was involved and that a police report gave credence to this assertion. Further, Lindsey claimed that the eyewitness was not impartial and gave an incorrect recounting of the events.
DEFENDANT'S CONTENTIONS:
Driscoll asserted that a phantom vehicle collided with his vehicle, causing him to spin out and crash into Lindsey's car. Also, Driscoll contended that an independent eyewitness agreed with his description of the accident.
Injuries
Lindsey sustained back, neck, and soft-tissue injuries, which required chiropractic treatment.
Result
The jury's verdict favored the defense.
Other Information
INSURER: Farmers Insurance Exchange was an insurer.
Length
two days
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