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Personal Injury
Multiple Automobile Accident
Loss of Control

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

Aana L. Pregliasco


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


#90712

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