Raquel Lopez v. Leo Redmond
Published: Jul. 30, 2005 | Result Date: Apr. 25, 2005 | Filing Date: Jan. 1, 1900 |Case number: CIV424567 Verdict – $2,379
Judge
Court
San Mateo Superior
Attorneys
Plaintiff
Defendant
David A. Delbon
(Office of the San Francisco City Attorney)
Experts
Plaintiff
Charles McCrory
(medical)
Defendant
Anthony Jue
(medical)
Facts
On Aug. 14, 1993, plaintiff Raquel Lopez, age 10, was riding a bicycle on a sidewalk in Redwood City. She claimed she dismounted at an intersection and began to walk across the street in the crosswalk on a green light. She was hit at low speed by a car driven by defendant Leo Redmond.
Settlement Discussions
The plaintiff made a demand of $50,000, policy limit (C.C.P. Section 998). The demand was reduced to $25,000 before trial. The defendant's offer was $500 new money.
Injuries
The plaintiff claimed she sustained an abrasion to her hand and soft-tissue neck and shoulder injures. She claimed the accidentally permanently changed the curvature of her cervical spine which would require several years of various medical treatments. The plaintiff's doctor and chiropractor opined that she would have discomfort for the rest of her life and would require periodic treatment at a cost of $2,000 per year. The plaintiff claimed her injuries interfered with her school social and athletic activities. She claimed $14,000 in medical specials. The defendant argued there were no substantial injuries, perhaps only a minor contusion or sprain injury. The defense orthopedic expert testified that the emergency room doctors found no serious injury, and several doctors who examined plaintiff later found nothing to support a serious injury. The expert also stated that the accident did not cause any straightening of the spine, and that the cervical MRI and x-rays were normal.
Result
The jury found plaintiff 20 percent comparatively at fault and awarded her $2,379, resulting in a net award of $1,903. The defendant's insurer paid $2,000 to plaintiff in 1993. Based on this payment, defense counsel claimed defendant is entitled to a credit from the judgment. The plaintiff had rejected an arbitration award of $3,000 in new money. Defense cost motions are pending.
Deliberation
two hours
Poll
11-1 (defendant's negligence), 9-3 (plaintiff's negligence and on damages)
Length
five days
For reprint rights or to order a copy of your photo:
Email
jeremy@reprintpros.com
for prices.
Direct dial: 949-702-5390