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Personal Injury
Multiple Automobile Accident
Lane Change Collision

Mark Eastus v. Rodrigo Patricio Bravo, Diane Bravo

Published: Jul. 6, 2013 | Result Date: Nov. 2, 2012 | Filing Date: Jan. 1, 1900 |

Case number: 1-10-CV-188233 Verdict –  $14,960

Court

Santa Clara Superior


Attorneys

Plaintiff

Michael A. Horowitz
(The Barnes Firm)


Defendant

Jill L. Bates-Moore


Experts

Plaintiff

Morteza Farr
(medical)

Defendant

Daniel F. Trudell
(technical)

Paul J. Mills
(medical)

Facts

On Dec. 3, 2008, plaintiff Mark Eastus was driving on Meridian Avenue in San Jose, California, where a collision with a vehicle driven by Rodrigo Bravo occurred. Bravo was trying to move into Eastus' lane from the left turn lane. Eastus sued Bravo and his wife, Diane Bravo, who owned the car. Diane was voluntarily dismissed prior to trial.

Contentions

PLAINTIFF'S CONTENTIONS:
Plaintiff alleged that Bravo drove negligently. Plaintiff alleged that he was driving in the lane directly adjacent to the left-turn lane when Bravo moved into plaintiff's lane, hitting his car. Plaintiff alleged that Bravo should have been paying attention to avoid the accident.

DEFENDANT'S CONTENTIONS:
Bravo admitted liability.

Settlement Discussions

Plaintiff demanded $15,000 and the defense offered $8,000 by CCP 998.

Damages

Eastus asked for $50,000 to $75,000 in future medical costs and for pain and suffering.

Injuries

Plaintiff suffered a decreased range of motion, exacerbation of a degenerative disc condition and neck injury. He received physical therapy and chiropractic treatment.

Result

The jury awarded plaintiff $14,960.

Deliberation

four hours

Poll

12-0

Length

four days


#91540

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