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Personal Injury
Auto v. Auto
Lane Change Collision

Esther Hwang v. Evangelina Quintanilla

Published: Feb. 20, 2010 | Result Date: Feb. 3, 2010 | Filing Date: Jan. 1, 1900 |

Case number: 30-2007-00023223 Verdict –  Defense

Court

Orange Superior


Attorneys

Plaintiff

John H. Lohman


Defendant

Kerry McMahon


Facts

This was a two-vehicle accident that occurred on Aug. 25, 2006 on the Interstate 5 freeway prior to the 91 interchange. Both parties claimed each other made a lane change which caused the collision.

Plaintiff Esther Hwang, 66, was driving a Toyota Camry while defendant Evangelina Quintanilla was driving a Toyota Tacoma truck.

Contentions

PLAINTIFF'S CONTENTIONS:
Hwang claimed that Quintanilla moved from the number four lane into the number five lane colliding with her vehicle.

DEFENDANT'S CONTENTIONS:
Quintanilla contended that Hwang made a lane change from number five lane into the number four lane colliding with her vehicle. Quintanilla also claimed that all of Hwang's medical bills were unreasonable and unnecessary.

Settlement Discussions

Prior to trial, Hwang demanded $5,000, during closing argument, the demand was increased to $8,370. Prior to trial, Quintanilla made a C.C.P. section 998 offer for a waiver of costs. No offers were made at the mandatory settlement conference.

Specials in Evidence

$4,185

Damages

Hwang's vehicle was a total loss. Hwang was seeking damages for her $500 deductible and pain and suffering.

Injuries

Hwang suffered soft tissue injuries.

Result

Defense verdict.

Other Information

Defense is pursuing costs based on the C.C.P. section 998.

Deliberation

15 minutes

Poll

12-0 (no negligence)

Length

two days


#90758

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