Jayne E. Boyd v. Kimberly J. Leopold, Byron Leopold and Does 1 through 10 inclusive
Published: Dec. 1, 2007 | Result Date: Oct. 4, 2007 | Filing Date: Jan. 1, 1900 |Verdict – $6,165
Court
L.A. Superior Central
Attorneys
Plaintiff
Defendant
Robert L. Reisinger
(Ford, Walker, Haggerty & Behar LLP)
Experts
Plaintiff
Paul Helzer
(medical)
Daniel A. Capen
(medical)
Defendant
Charles F. Plemons Jr.
(technical)
Stephen M. Foreman
(medical)
James T. London M.D.
(medical)
Facts
Jayne Boyd stopped suddenly to avoid a car that cut in front of her. Kimberly Leopold then rear-ended Boyd. Boyd sued Leopold for motor vehicle negligence and Leopold's husband, the vehicle's co-owner, for vicarious liability.
Contentions
PLAINTIFF'S CONTENTIONS:
The plaintiff contended defendant was fully liable for the accident and she underwent three lumbar epidural injections.
DEFENDANTS' CONTENTIONS:
The defendants contended the driver who cut in front of plaintiff shared comparative liability for the collision and plaintiff's lower back was not injured in the accident.
Settlement Discussions
Plaintiff rejected a CCP 998 offer for $15,000.
Specials in Evidence
$35,095
Damages
$500,000 for past and future pain and suffering.
Injuries
Neck and back pain including a lumbar protrusion of 4 mm.
Result
The jury found defendant 90 percent liable and awarded plaintiff $6,165.
Other Information
Defendant has filed a cost bill for $31,000.
Deliberation
three hours
Poll
12-0
Length
nine days
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