Thomas Holquin, Carmen Willis v. Stephen Cirillo, Henry Cirillo
Published: Aug. 27, 2005 | Result Date: Jun. 20, 2005 | Filing Date: Jan. 1, 1900 |Case number: CGC04428933 Verdict – $32,803
Judge
Court
San Francisco Superior
Attorneys
Plaintiff
Defendant
Michael J. Smith
(Carbone, Smoke, Smith, Bent & Leonard)
Experts
Plaintiff
Naeem Patel
(medical)
Michael Sutro
(medical)
Facts
Plaintiff Thomas Holquin, a 54-year-old carpenter, was driving a sedan on 19th Avenue just north of Judah
Avenue in San Francisco on Sept. 14, 2002 at about 3:30 p.m. Plaintiff Carmen Willis, a 49-year-old floral
designer, was a passenger in the car. After Holquin stopped for a traffic light, his car was struck from behind
by a vehicle with which a car driven by defendant Stephen Cirillo had collided. Holquin's car suffered $3,870
in damage. Holquin and Willis sued Cirillo, a minor, as well as his father, Henry Cirillo, who owned the
vehicle his son was driving.
The plaintiffs claimed vehicular negligence.
Cirillo admitted liability on the day of trial.
Settlement Discussions
Willis demanded $39,030; Holquin demanded $10,000. The defendants offered $22,000 to Willis and $4,700 to Holquin.
Specials in Evidence
Willis claimed $15,672.99 in medical specials. Holquin sought $3,784 for his treatment costs Willis sought $7,000-$8,000 for the six months she claimed that she was unable to work
Injuries
Willis claimed that she suffered neck, back, and left leg strains and sprains. The diagnostic tests were negative. She was transported to a hospital, where she underwent tests, including a CT scan, MRI, and x-rays on her neck and back. She was discharged the same day and thereafter received physical therapy for about two months. Holquin asserted that he sustained a back strain and sprain. He received 26 chiropractic treatments over two months. The defense argued that both plaintiffs had pre-existing medical conditions and were exaggerating their injuries.
Result
The jury awarded $32,803 to Willis and $6,384 to Holquin.
Deliberation
three hours
Length
five days
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