_________ (full name) Cabello v. ________ (full name) Herrick
Published: Jul. 13, 1996 | Result Date: Jun. 10, 1996 | Filing Date: Jan. 1, 1900 |Case number: 95763 – $4,942
Facts
On March 20, 1995, at approximately 3:30 p.m., the plaintiff, ________ Cabello, an 18-year-old sales clerk and his 16-year-old girlfriend were proceeding northbound in his 1966 Chevrolet on Highway 1 in the city of Guadalupe. As the plaintiff approached the intersection of Highway 1 and Point Sal Road, he initiated a left hand turn onto Point Sal Road. The plaintiff's vehicle was struck on its left driver's side quarter panel by the defendant Ford Ranger pick-up. The Ford had been behind the plaintiff's vehicle northbound on Highway 1. The plaintiff's vehicle sustained property damage in the amount of $574. The defendant's truck incurred damage to the right front headlight assembly and right front quarter panel. The force of the impact pushed the plaintiff's vehicle into an adjacent field. The plaintiff brought this action against the defendant based on negligence theories of recovery.
Settlement Discussions
The plaintiff made a C.C.P. º998 settlement demand for $7,499. The defendant made a C.C.P. º998 offer of compromise for $3,501 ten days before trial. During the trial, the defendant offered to waive costs if the plaintiff dismissed the lawsuit.
Specials in Evidence
$2,558 $550
Injuries
The plaintiff alleged that he suffered soft tissue injuries to the neck, mid and lower back as a result of which he sought emergency medical treatment, consultation with the medical doctor and underwent two months of chiropractic treatment. The plaintiff further alleged that his neck and mid-back pain had resolved, however, he was still suffering from intermittent lower back pain which he attributed to the subject collision.
Other Information
The verdict was reached approximately nine months after the case was filed. The jury found that the defendant was negligent, and that the plaintiff did not contribute to the collision in any negligent manner. The jury awarded the plaintiff $2,312 in economic damages and $2,630 in non-economic damages. The plaintiff's motion for attorney's fees and costs pursuant to C.C.P. º2033(o) is pending.
Deliberation
50 minutes
Poll
not taken
Length
4 days
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